Arbitration agreements, whether they are separate or part of a larger agreement, are contracts – an enforceable set of promises between parties. Like any other contract, arbitration agreements are subject to the same defenses that may be used to invalidate a purported contract. Such defenses may include:
- Mistake (Mutual or Unilateral);
- Duress or Undue Influence;
- Lack of Capacity;
- Unconscionability;
- Misrepresentation or Fraud;
- Impossibility or Impracticability (yes, there is a difference);
- Material Breach (after formation);
- No Consideration; and
- Several Others.
There are no special defenses to arbitration agreements. The U.S. Supreme Court has recently affirmed this rule under the Federal Arbitration Act.
If you think you may have agreed to arbitrate a dispute, don’t try anything special or unique to attack the arbitration agreement or provision. Stick with the tried and true contractual defenses.
Better yet . . . stick with arbitration, it may be better for you.
Smoke Without Fire: Damage from Concrete Dust Covered by Insurance
You’ve heard, “where there’s smoke, there’s fire.” In this instance, the smoke was concrete dust that damaged a warehouse full of aircraft […]
Changes Made After Substantial Completion Did Not Extend Overall Project Time
Contractors take heed – a time extension may be issued after substantial completion for specific work and the Government can still assess […]
One-Sided Construction Arbitration Clause Valid in Virginia
When it’s time to butt heads, know how the local turf (court) will interpret the clause.
Manage the Risk of Construction Changes
Almost any problem on a construction project can be traced to one of two things: changes or delays (even delays are really just changes). As in life, embrace and manage the change don’t run from it.
Want Your Profit? Prove a Constructive Change, Not a Suspension of Work.
What’s the Difference Between a Suspension of Work and a Constructive Change? For federal contractors, there are two main differences: . . .
No Special Defenses to Arbitration Agreements
Arbitration agreements, whether they are separate or part of a larger agreement, are contracts – an enforceable set of promises between parties. […]
How to Find (and Confirm) the Plain Meaning in a Contract
Contract formation confirms the parties understand and agree to all the essential terms. When that understanding and agreement fades, how do you […]
Navigating the Requirements for Claims against Virginia Public Entities
Contractors making claims against Virginia public entities must follow ALL applicable requirements. Such requirements may be found in several places, so check […]
Virginia General Contractors Not Protected from Pre-Work Claim Waivers
On March 2, 2018, the Governor approved an act of the Virginia General Assembly to make unenforceable pre-work waivers of lien rights […]
