Appeals, Arbitration Agreements, Construction Contracts

Ohio Supreme Court Reinforces the “Party Presentation Principle"

Kohrman Jackson & Krantz LLP on 6/19/2025

On May 28, 2025, the Supreme Court of Ohio passed on an opportunity to settle a long-standing legal question: Does Ohio law require a trial court to conduct an oral hearing before compelling arbitration under R.C. 2711.03?...more

Ohio Courts Reinforce Arbitration Provisions Despite Conflict, Missing Signatures and Litigation

Kohrman Jackson & Krantz LLP on 5/9/2025

Ohio courts are reaffirming a consistent and increasingly important theme: if your contract contains an arbitration clause, expect to be held to it. Three recent appellate decisions—Denham v. Encino Energy, LLC,...more

Improper Application of Arbitration Clause Leads to Remand in Properplates Case

Bradley Arant Boult Cummings LLP on 5/8/2023

Indiana, like other states, has a strong policy favoring arbitration agreements, and Indiana courts construe arbitration clauses broadly to make matters abitrable so long as they reasonably fit within the language of the...more

Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision

Bradley Arant Boult Cummings LLP on 12/22/2021

A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not...more

New York is Pro-Choice on Forum Selection Clauses

Bradley Arant Boult Cummings LLP on 7/14/2020

In Somerset Fine Home Building, Inc. v. Simplex Industries, Inc., the Appellate Division of the Second Department in New York upheld a dismissal based on the plaintiff’s breach of the parties’ forum selection clause. Somerset...more

Arbitrator: Produce Those Construction Documents . . . And Me: You Have No Authority!

Buchalter on 11/19/2019

Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties. And if the case is subject to arbitration, it is likely that there will be a dispute about whether the...more

Alaska’s Supreme Court Holds That Executing a Settlement Agreement Releases Parties from Contractual Obligation to Arbitrate...

Troutman Pepper Locke on 5/8/2019

SMJ Gen. Constr., Inc. v. Jet Commer. Constr., LLC, No. S-16785/16985, 2019 BL 131640 (Alaska Apr. 12, 2019) - In 2016, Jet Commercial Construction, LLC (“Jet”) entered into a subcontract with SMJ General Construction,...more

Construction Arbitration: The Pros and Cons

Ward and Smith, P.A. on 8/30/2018

It's an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction disputes are resolved through arbitration, which is a process...more

Kentucky Court of Appeals Draws a Distinction Between Substantive and Procedural Questions of Arbitrability, and Explains the...

Troutman Pepper Locke on 8/23/2018

Ambac Assur. Corp v. Knox Hills LLC, 2018 Ky. App. Lexis 188 (June 15, 2018) - This case involves a February 1, 2007 design/build agreement governing the rights of the several parties involved with a military housing...more

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