Florida Court Says Builder Didn't Waive Right to Sue

JACKSONVILLE, Fla. - A Florida appeals court ruled on Aug. 24 that although a building contractor initially took steps to comply with a homeowner's demand to arbitrate construction defect claims, the construction contract did not include mandatory arbitration and the contractor did not waive its right to litigate the dispute. Infinity Design Builders Inc. v. M.F. Hutchinson, No. 5D06-2730 (Fla. Ct. of App., 5th Dist.).

The 5th District Court of Appeal rejected the homeowner's reliance on an unsigned copy of a standard American Institute of Architects' contract that included an arbitration agreement, noting that the arbitration clause in the signed …