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Paul Whitt

August 31, 2015

Initial Here: Arbitration Clauses & Residential Construction in Tennessee

Initial Here: Tennessee’s Unique Requirement for Arbitration Clauses Concerning Residential Construction The Tennessee Arbitration Act (“TAA”), which is found at Tenn. Code Ann. § 29‑5‑301, et seq., contains a unique provision concerning arbitration provisions related to residential construction. Specifically, Tenn. Code Ann. § 29‑5‑302(a) provides as follows: A written agreement to submit…

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- Alternative Dispute Resolution, Arbitration, Statutes & Legislation
- Arbitration Clause, Residential Construction, Tennessee Arbitration Act
Jason Pannu

August 27, 2015

Recent Changes to the AAA Construction Arbitration Rules

The American Arbitration Association recently made some significant changes to its Construction Arbitration Rules. The Rule changes became effective July 1, 2015. Here are some of the highlights of the changes: R-7. Consolidation and Joinder: Requests to consolidate related arbitrations or join other parties to an existing arbitration must be…

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- Alternative Dispute Resolution, Arbitration
- American Arbitration Association
Wally Irvin

August 20, 2015

Be Careful What You Wish For

Attorney’s fees are only recoverable if they are provided for by statute or in a contract. This rule is generally applicable regardless of whether a matter is pursued in litigation through a court or in arbitration. However, the Tennessee Court of Appeals found that under the rules of the American…

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- Alternative Dispute Resolution, Arbitration, Contractors, Subcontractors, Tennessee Case Law
- American Arbitration Association, Attorney Fees