Arbitration Clause Decision

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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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