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Arbitration Clause In Original Contract Applied To Later Agreement

Thursday, January 04, 2007 11:21 am

Arbitration Clause In Original Contract Applied To Later Agreement

The Court of Appeal of Florida ruled that a Project Completion Agreement (PCA) the owner and contractor executed -- after the original completion date in the construction contract -- was not an agreement separate from the original.

Twin Oaks at Southwood (Twin Oaks), owner, and Summit Constructors, Inc. (Summit), contractor, entered into a cost plus contract for construction of a housing complex under the Department of Housing and Urban Development's supervision. February 2004 was the scheduled completion date.

The contract between Twin Oaks and Summit included an arbitration provision: "Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and excep [...]

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