I signed a contract to have a company build me a pool and the company built me a pool. But, after 80% of the work had been done and there was water in the pool, they wrote me a check for $5800 for the work not completed and said they were done. I argued and said they don't get to unilaterally decide how much the work they chose not to do was worth. (Example: In the contract, they were supposed to build a stone bar around the hot tub. They didn't, and when I called to get another contractor
, they quoted me $7500 for the bar alone). I told them I would see them in court, but they pointed me to the contract, and said it has to go to arbitration, not court.
Point 13, in fine print on the back of the contract states:
"Arbitration: Any controversy of claim arising out of or relating to this contract, or the breach thereof, shall be settled in arbitration in accordance with the terms of this contract pursuant to the Rules of the Commercial Arbitration Association
, and judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof."
However, on the front of the contract, in Bold and Large font, is states:
"This agreement is subject to arbitration under the commercial arbitration rules of the American Arbitration Association. Please Initial________"
I did not initial this provision.
Do I have to go to arbitration or can I sue in Small Claims court?
Can you provide any case laws in Texas that, if I did file in small claims, I could argue that its where it should be, since I did not give my consent (by initially the blank) to that provision.
Small claims court is cheap (for me), I can represent myself. Arbitration is expensive, both in time and money.