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Arbitration Clause Not Incorporated By Reference Incorporation By Reference; Arbitration

Saturday, April 03, 2004 12:34 pm

 
Arbitration Clause Not Incorporated By Reference Incorporation By Reference; Arbitration

The Indiana Supreme Court has ruled that an arbitration clause in a prime contract was not incorporated by reference into a subcontract. A dissenting opinion argued that despite imprecise language in the subcontract, the intent was to have all claims heard in the same forum.

Flying J, Inc. awarded a contract to MPACT Construction Group, LLC to construct a travel plaza in Gibson County. The parties utilized the AIA contract documents, including the provisions in the General Conditions calling for binding arbitration of disputes and requiring the prime contractor to impose on subcontractors [...]

 
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