Florida Court Holds that Arbitrator, Rather Than Court, Should Determine Validity of Contract

Charles Boyd Construction Inc. v. Vacation Beach, Inc.
No. 5D06-2168, 2007 Fla. App. LEXIS 9597 (Fla. Dist. Ct. App., June 22, 2007)

Following the precedent of the United States Supreme Court in Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 (U.S. 2006), the Fifth District Court of Appeal of Florida reversed its prior decision and held that whether a contract is illegal in its entirety and, thus, an arbitration provision contained therein would be unenforceable, must in the first instance be decided by the arbitrator, and not a court. Continue reading “Florida Court Holds that Arbitrator, Rather Than Court, Should Determine Validity of Contract”

Minnesota Court Rules Architect-Client Relationship Is Not Per Se Fiduciary

Carlson v. SALA Architects, Inc.
2007 Minn. App. LEXIS 74

The of Minnesota Court of Appeals reversed entry of summary judgment in favor of a purchaser of architectural services, holding, among other things, that the relationship between an architect and its client is not per se a fiduciary relationship. Rather, the Court held that whether a fiduciary relationship exists was a question of fact which was unable to be resolved on summary judgment. Continue reading “Minnesota Court Rules Architect-Client Relationship Is Not Per Se Fiduciary”

Vermont Court Reverses Award Of Consequential Damages To Owner In Construction Defect Case

EBWS, LLC v. Britly Corporation
2007 VT 37; 2007 Vt. LEXIS 69 (Vt. May 25, 2007)

The Vermont Supreme Court held that the cost of an owner’s anticipated voluntary payments of employee wages and for product purchases during the temporary shutdown of a creamery pending repair of construction defects were not recoverable consequential damages because they could not reasonably have been within the contemplation of the defendant when it contracted to build the creamery. Continue reading “Vermont Court Reverses Award Of Consequential Damages To Owner In Construction Defect Case”