Uniform Arbitration Act

Waterfront Marine Construction, Inc. v. North End 49ers Sandbridge Bulkhead Groups A, B and C, 251 Va. 417; 468 S.E.2d; 1996 Va.
In 1988, the North End 49ers Sandbridge Bulkhead Group (49ers) entered into a contract with Waterfront Marine Construction, Inc. (WMC) after accepting its bid to construct a bulkhead. The agreement included a provision providing for arbitration of any controversy or claim “arising out of or relating to the Contract or the breach thereof.”
An engineering firm in 1989 inspected the installed bulkhead and pronounced it to be defective, whereupon the 49ers filed a demand for arbitration with the American Arbitration Association (AAA) seeking damages, and WMC filed a demand seeking to recover the unpaid balance of the construction price. In 1991, following a hearing, the AAA panel entered an award denying the 49ers’ claim and granting the WMC’s claim, conditional that WMC perform certain work within a certain time limit to the satisfaction of an independent engineer. Unable to agree on the independent engineer, WMC did not perform the specified work and later on that year severe storms hit the bulkhead, causing damage.
Continue Reading Supreme Court of Virginia Decides Issues Relating to Arbitrability and Res Judicata Effect of Arbitration Awards

Hazleton Area School District v. Bosak,
671 A.2d 277 (Pa. Cmwlth. 1996).
In this case, neither of the arbitration provisions provided in the 1988 and 1989 agreements specifically stated that an action in tort for negligence should be arbitrated. The Commonwealth Court affirmed the decision of the trial court and held that the complaint alleged