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Arbitration Clause Superseded By Retainage Statute Retainage; Arbitration

Sunday, March 02, 2003 12:46 pm

Arbitration Clause Superseded By Retainage Statute Retainage; Arbitration

A Tennessee court has ruled that the arbitration clause in the AIA contract documents was superseded by a state statute requiring litigation of certain claims for retained contract funds.

William and Marilyn Higgins awarded a contract to Precision Construction Co. to build a motel property in Pigeon Forge. The parties utilized the contract documents published by the American Institute of Architects. The general conditions called for binding arbitration of all disputes.

Precision later sued the Higgins to recover $150,000 in contract retainage plus the cost of alleged extra work. The parties initially [...]

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