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Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

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Assertion Of Lien Did Not Waive Arbitration Rights Arbitration; Waiver; Liens

Sunday, November 02, 2003 05:46 pm

Assertion Of Lien Did Not Waive Arbitration Rights Arbitration; Waiver; Liens

The Montana Supreme Court has ruled that a contractor did not waive arbitration when it filed a mechanic's lien to protect its statutory security interest or when it proposed mediation.

Jody Stewart awarded a contract to Covill and Basham Construction, LLC for construction of a new home in Flathead. The contract stated that any claim or dispute involving an amount less than $5,000 would be heard in small claims court. Any claim involving an amount in excess of the small claims court dollar limit would be submitted to binding arbitration in accordance with the Construction Industry Arbitr [...]

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