Bari Builders, Inc. v. Hovstone Properties Florida, LLC, 2014 WL 3843070 (4D14-765, August 6, 2014)
Court finds that the presence
of an additional dispute resolution clause does not render an otherwise valid
arbitration clause ambiguous if the two can be read in a complimentary
fashion. A condominium association sued the contractor for
construction defects and the contractor brought a third-party complaint against
its subcontractor. Subcontractor moved
to compel arbitration citing an unambiguous arbitration provision. The trial court denied the motion because the
subcontract also contained the following language: In all actions the
parties waive the right to jury and agree to determination of all facts by the
court. The appellate court reversed.
The two provisions could be read together to mean “that the parties
agree to submit any ‘controversy or claim’ to arbitration and, thereafter, any
award may be reduced to judgment in court without the right to a jury
trial. Additionally, in the event that
the parties choose to waive their right to arbitrate, the clause provides that
any ‘action’ in court will be in the form of a bench trial.”
From The Florida Bar: Construction Law Committee
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
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