Posted In:
Construction Contracting & Disputes and Real Estate
Industry:
Construction
RE&C In Review: Unfair and Deceptive Practices May Lead to a Residential Remodeling Contractor's "Corporate Death Sentence"
By James T. Dixon, Teresa G. Santin & Jenna Pletcher (Summer Associate) on August 15, 2022
This edition of the RE&C In Review Blog highlights a cautionary tale of how unfair and deceptive practices can lead to a "corporate death sentence" for a residential remodeling contractor....
Posted In:
Litigation and Real Estate
Industry:
Construction
RE&C in Review and Business Litigation Advisory: Eighth District Finds Oral Hearing Unnecessary Before Compelling Arbitration
By Teresa G. Santin on May 3, 2021
On April 8, 2021, the Eighth District Court of Appeals affirmed a trial court decision denying a motion to compel arbitration and/or stay the matter pending arbitration. AJZ's Hauling, L.L.C. v. TruNorth Warranty Program of N. Am., 8th Dist. Cuyahoga No. 109632, 2021-Ohio-1190. Appellant contended that the trial court erred when it (1) determined that res judicata did not apply; (2) failed to hold a hearing prior to making its decision; and (3) found the arbitration provision at issue both procedurally and substantively unconscionable....
Posted In:
Litigation and Real Estate
Industry:
Construction
RE&C In Review & Litigation Advisory Blog: Eighth District Reaffirms Alleged Cancellation of Contact Containing Arbitration Clause is Referable to Arbitration
By Teresa G. Santin on April 19, 2021
A disputed cancellation of a construction or commercial contract likely won't excuse the contracting parties from the operation of an arbitration clause contained within that same contract. Roark et al. v. Keystate Homes LLC et al., 8th Dist. Cuyahoga No. 109488, 2021-Ohio-707....
Posted In:
Litigation and Real Estate
Industry:
Construction
RE&C In Review & Litigation Advisory Blog: Can Arbitration Clauses Apply Retroactively?
By Teresa G. Santin on December 10, 2020
Yes, it is possible for arbitration clauses to apply to claims that predate the contract containing the arbitration clause at issue. Retroactive application of an arbitration clause depends on the language of the arbitration provision and applicable substantive law....