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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 31580
Experience:  JD, BBA Over 25 years legal and business experience.
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I am a subcontractor on a job. The general contractor is trying

Customer Question

I am a subcontractor on a job. The general contractor is trying to throw me off. The contract states disputes must be made by arbitration. There are two issues. One is the schedule is never consistent and they have failed to notify me until the last minute. And two I was supposed to install a railing (I own a welding shop) last Friday but it was raining so I could not install... but I am completing it as I type... I am not holding up any inspections or other trades. I cannot afford to lose this contraxt do I have a point for arbitration?
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Does the contract indicate what type of disputes must go to arbitration? Is there any distinction?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.
n the arbitration section it just says controversies and disputes. The other categories are indemnification, insurance, payments and such.. there is nothing specially called out in the arbitration section. Just through the AAA under the Construction rules...
Customer: replied 1 year ago.
in the arbitration section it just says controversies and disputes. The other categories are indemnification, insurance, payments and such.. there is nothing specially called out in the arbitration section. Just through the AAA under the Construction rules...
Expert:  Tina replied 1 year ago.
Hello again, Darrick, and thank you for clarifying that for me.

Yes, it does appear you would have a very good basis to insist on arbitration since the arbitration language does not limit what disputes may be subject to arbitration and the contractor's attempt to terminate the contract with you would certainly rise to the level of a dispute.

I would invoke the language of the arbitration provision in writing to the contractor indicating that they are attempting to terminate the contract which you believe is unreasonable since you have not breached the contract, but attempted to fulfill your obligations in good faith.

The law does typically impose a duty of good faith and fair dealing, providing you with grounds to argue that the contractor is being unreasonable and not acting in good faith since the weather and other circumstances made your performance impossible for a period of time, but you acted in good faith by performing as agreed at the earliest possible time.

In addition, the contractor's failure to provide you with reasonable notice has resulted in later than expected performance by you, but you have continued to perform in good faith and as reasonable expected under the circumstances.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.
Great... !!! One more question. If it were to come to that where would I go too file for arbitration?
Expert:  Tina replied 1 year ago.
Hello again, Darrick.

The AAA generally commences administration of an arbitration case when one party submits a Demand for Arbitration, a copy of the arbitration provision and the appropriate filing fee to the AAA. Here is a link which provides additional information to proceed with the dispute:

http://www.adr.org/aaa/faces/services/disputeresolutionservices/arbitration?_afrLoop=2356365703115631&_afrWindowMode=0&_ afrWindowId=xpa1ag0ma_54#%40%3F_afrWindowId%3Dxpa1ag0ma_54%26_afrLoop%3D2356365703115631%26_afrWindowMode%3D0%26_adf.ctrl-state%3Dxpa1ag0ma_79

Once the claim is filed, the parties will typically choose an arbitrator through the AAA process who will preside over the dispute.
Tina, Lawyer
Category: Legal
Satisfied Customers: 31580
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 15 other Legal Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again.

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