Legal Question in Construction Law in California

Re: Mediation/arb clause re atty fees

Under a properly worded clause, the answer is YES. A properly worded arbitration provision will be extremely broad, broad enough to include and encompass even claims of fraud in the inducement. In other words, even if you are claiming that the contract itself was procured through fraud, a properly worded provision will require you to arbitrate that issue.

Regarding the mediation provision, these are becoming more and more common. If worded properly, they mandate that any party, before resorting to arbitration (or litigation, as the case might be), must make a good faith effort to mediate the dispute; and the penalty for refusing to do so (or otherwise failing to comply) is that the party waives its right to an attorney fee award at the end of the case (to the extent that such a right existed in the first place).

I would need to see the specific arbitration (and mediation) provisions to provide a more thorough and thoughtful analysis.

You should find yourself a qualified litigator if you need further assistance.

Good luck.

***No Legal Services or Attorney Client Relationship - Although this email may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on this email as a source of legal advice. Until a formal Retainer Agreement is executed, any communication between you and The Guerrini Law Firm cannot create any attorney-client relationship between you and The Guerrini Law Firm.***

Re: Mediation/arb clause re atty fees

Even if you mediate or arbitrate you will do better by obtaining representation. To reserve your right to collect attorney fees if it is litigated try the Alternative Dispute Resolution options. Call me directly at 16192223504.

Re: Mediation/arb clause re atty fees

I would need to see the contract to give you an opinion.