Initial Here: Arbitration Clauses & Residential Construction in Tennessee

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 any existing controversy to arbitration or a provision in a … Read More

Recent Changes to the AAA Construction Arbitration Rules

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 submitted before the appointment of the arbitrator, or within 90 … Read More

Be Careful What You Wish For

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 Arbitration Association, attorney fees may be awarded if sought by … Read More