Legal Question in Construction Law in Florida

Is arbitration clause in agreement binding?

Two corporations have an agreement. Supplier to provide materials and contractor to install and complete work for homeowners. First agreement has arbitration clause (directly from American Arbitration Assoc.). Months later, a new agreement is signed, jobs in progress will still fall under previous agreement (and it is stated so in the second agreement). Work just started or not yet started will fall under new agreement. New agreement does not have arbitration clause. Both are now in dispute. Can we do both under arbitration (if the other side does not agree)? Can/should we split out the arbitration side and does that improve/impair/eliminate our ability to pursue the other half in court? Are there other options? And most important, while we are disputing this, the contractor is collecting money, not reimbursing the supplier, and has no interest in negotiating while they basically hold/spend all the money -- Is there a way to force them to place the money they collect in escrow till we settle ( we fear it will be all gone (removed from the corp.) by the time any decision can be made)???

Contractor is in Florida, Manufacturer is not.

Thanks


Asked on 8/08/06, 12:13 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Is arbitration clause in agreement binding?

Your question is too vague, since I cannot tell who is contracting with whom, nor do I know what your involvement is. Owner? supplier? Contractor? Clarify the question and resubmit

Randll Gilbert

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Answered on 8/09/06, 8:06 am


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