Personal Injury Claim Not Covered by Wash. Contract's Arbitration Clause

SEATTLE - A mandatory arbitration clause covering 'all disagreements' arising from a construction contract cannot be read to encompass the homeowner's personal injury claims, a Washington appellate court affirmed July 19. Pearson v. Adair Homes Inc., No. 31215-9-II (Wash. App., Div. II).

The Court of Appeals, Division II, said in its unpublished opinion that the dispute resolution clause was ambiguous and the parties could not have contemplated arbitrating personal injury claims.

Daniel and Tammy Pearson contracted with Adair Homes for the construction of a new home. The construction agreement included language calling for disputes to be mediated and, if mediation …