Legal Question in Construction Law in Florida

We had to fire our lawyer who represented us in Arbitration. We reported our lawyer to The Florida Bar and requested from them the references for new lawyer. AAA granted us Abeyance for a year till August 25,2012, so we could find a new lawyer. In Abeyance agreement it is stated, that we have a option to prolong this year long Abeyance after August 25,2012 for $300.00 fee to AAA.

Suddenly, without any warning, in the middle of our Abeyance, on

January 4,2012 we got FIRST ORDER from Arbitrator that we should find new lawyer by March 1,2012 and that in that time AAA will contact the parties

and the Arbitrator to schedule a preliminary hearing to set new disclosure deadlines and to set a date for the Final Hearing. In other words, we were

cut 6 months short of out Abeyance ! I responded, that I am waiting

for The Florida Bar to get us references for a new lawyer and we have

not received it yet. We got reply to our Complaint letter from Bar in

their letter ,dated January 31, 2012 and we got in mail on February 2,2012.

On January 31,2012 our oposing party requested thet we would be taken out

of Abeyance by June 15, 2012. Again, nobody consulted the matter with us and Arbitrator granted in just 6 days in SECOND ORDER,on FEBRUARY 6,2012, their request. IT WAS GRANTED TO OUR OPPOSITION SO FAST, THAT IT LOOKED LIKE ARBITRATOR WORK WITH LAWYER OF OUR OPPOSITION IN SOME PROFESSIONAL CAPACITY BEFORE !WE WERE COMPLETELY IGNORED IN PROCESS.

On February 12,2012 I pleaded with AAA to leave us in Abeyance till August 25,2012 due to second Claimant, my 86 year old husband being in critical

condition in the hospital. We have not got reply from AAA til May 4,2012

and we were told, that AAA denied our request.

On May 15, 2012 my husband was again readmitted to the hospital, again in

critical condition and on May 16,2012 I pleaded with AAA a g a i n

to, please, leave us in Abeyance as previously granted.

This time Arbitrator granted us in his THIRD ORDER same deadline (August 25,2012 )back, however he added the condition to that order, that on September 10, we have to attend preliminary hearing, where the final date for Arbitration will be established. In other words, Arbitrator DID NOT

GRANTED US OUR ABEYANCE BACK AS PREVIOUSLY GRANTED IN ABEYANCE AGREEMENT

but stripped it for our option to prolong Abeyance by $300.00.

It is a matter of principal and we should not have been taken out

of Abeyance 3 times ! There is nothing in the Abeyance agreement about

Arbitrator having right to change deadline. Even kids in school if

teacher gives them one month deadline to read a book and tells them,

that after that deadline there will be final test on the content of

that book c a n ' t tell suddenly in the middle of the month,

that deadline is changed and test is Monday ! I am sure, there would

be several call to principal office from the parents ! You can't do

this. So, after SECOND ORDER we compained to several politicions (president of United Utates, Gavernor, Attorney General, Senator ... ) and TV chanells,

but it seams not to help yet.

Please, tell me, if Arbitrator has right to change deadline of

Abetance for no apparent reason and without consulting with us !

Thank you.


Asked on 5/30/12, 8:24 am

1 Answer from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

One would have to see the abeyance agreement that you refer to in order to even venture a guess as to what actually has gone on. You can find an attorney without resorting to waiting for the Florida Bar to give you a referral to one. You need to get one now, if you have not already done so. You are probably forced into arbitration because of a contract you signed, which you probably did not read, and even if you had read it you would not have understood that before you can file suit in the Circuit Court in your county, you have to submit the case to arbitration. This is standard in many consumer contracts. You have posted this question under Contruction Law. One would need to know the facts in order to consider taking the case, and it is obviously problematic to begin with. It is not whether the arbitrator has a right to do what was done, it is whether what was done was not in compliance with the rules governing arbitrations.

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Answered on 7/10/12, 12:33 pm


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