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

Saturday, July 09, 2005 03:19 pm


A Maryland court has ruled that a contractor did not waive its arbitration rights by filing a mechanic's lien on the project. The lien merely secured payment and did not address the merits of the underlying contract dispute.

B. Diane Brendsel awarded a 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 Association.

A payment dispute led to protracted negotiations between legal counsel for t [...]

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