Arbitration Clause Decision
George Jackson v. The Shakespeare
Foundation, Inc. 38 Fla.
L. Weekly S67a, Case No. SC11-1196, filed January 31, 2013. A broad arbitration
clause, such as "arising out of or relating to" is enforceable when
there is a "significant relationship" of the claim to the contract.
In this case, an arbitration provision was upheld where the purchaser to a real
estate contract alleged misrepresentation under a general duty to disclose
notwithstanding that the misrepresentation was not included in the contract
itself.
Home Construction
Management, LLC v. Comet, Inc., Case
Nos., 4D11-4022 & 4D12-21, filed February 6, 2013. Owner was awarded
treble damages pursuant to 768.0425(2) against unlicensed contractor.
Editors
Note: Owner sued for disgorgement of overcharges as well, but that
issue was not addressed on appeal. (From RPPTL Subcommittee)
Trenton H. Cotney
Florida Bar Certified
Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
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