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Paul Whitt
August 31, 2015Initial Here: Arbitration Clauses & Residential Construction in Tennessee
Continue Reading »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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Jason Pannu
August 27, 2015Recent Changes to the AAA Construction Arbitration Rules
Continue Reading »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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Wally Irvin
August 20, 2015Be Careful What You Wish For
Continue Reading »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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