Schedule a Consultation What is construction mediation? Mediation is a form of “alternate dispute resolution” that is common in the construction industry. Unlike litigation or arbitration, mediation is almost always not binding. Mediation can always be voluntarily agreed to by the parties after … Continue reading
Category Archives: Alternate Dispute Resolution
Ohio Venue Provision Declared Void by NY Court
HVS, LLC v Fortney & Weygandt, Inc. Decided 9/24/15 by the Supreme Court, Rockland County The issue in this appeal concerns the validity of an arbitration agreement entered into by the parties. The parties entered into a written subcontract agreement, … Continue reading
Case Law Update: Liens and Arbitration Clauses
In a recent case decided on September 11, 2013 by the Appellate Division, Second Department, the Court once again affirmed subcontractor’s rights to file a mechanic’s lien even where there is an arbitration clause in the contract. American Architectural, Inc. … Continue reading
Appellate Division Affirms Enforceability of Arbitration Provision
On June 26, 2013 the Appellate Division, 3rd Department, confirmed the award of a lower court allowing Kushnick Pallaci PLLC’s client to enforce an arbitration clause in a contract between an owner and a mold and water damage restoration company. … Continue reading
Think you cannot file a mechanic’s lien because of your arbitration clause? Think again!
Okay, so I admit that the title of this post is not entirely accurate; in fact, its 100% false here in New York. But, sadly, it is what many misinformed individuals tell me (or rather yell at me) after my … Continue reading