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Scope of Arbitration – Winning the Battle and Losing the War

Be careful what you ask for. A lower-tier sub sued the first-tier sub, claiming payment issues arose in part from racial discrimination. In the face of the first-tier sub’s motion to compel arbitration, the lower tier argued that the claim of race discrimination was not within the scope of the arbitration clause. The Indiana federal…
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Six-Month Statute of Limitations in Subcontract Was Enforceable

Contracts sometimes include a limitations period for pursuing claims. A New York appellate court has held that a six-month contract limitations period was not unreasonably short, and has dismissed a lawsuit commenced less than nine months after the contract was terminated. An HVAC sub performed work and was never paid. The sub terminated the contract…
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