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

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Lien Filing Did Not Waive Arbitration Rights Arbitration; Waiver; Liens

Sunday, June 04, 2006 10:59 am

 

The highest court of Maryland has affirmed that a contractor can file a mechanic's lien to secure payment without waiving its arbitration rights.

B. Diane Brendsel awarded a cost-plus contract to Winchester Construction Co., Inc. for renovation of an historic plantation house in Queen Anne's County. The agreement called for binding arbitration of any claim or dispute in accordance with the Construction Industry Arbitration Rules of the American Arbitration Associa-tion.

A dispute over fees and overhead costs led to pro-tracted negotiations between legal counsel for the two parties. Winchester Construction continued work on the project during this period. Once Brendsel terminated the c [...]

 
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