Dispute Resolution Provision in Subcontract that Says Owner, Architect or Engineer’s Decision Is Final

Angry senior couple having argument

Attorney David Adelstein analyzes F.H. Paschen, S.N. Nielsen & Associates, LLC v. B&B Site Development, Inc.

March 29, 2021
David Adelstein - Florida Construction Legal Updates

In subcontracts, it is not uncommon to see a provision that says something to the effect:

Should any dispute arise between the parties respecting the true construction or interpretation of the Plans, Specifications and/or the Contract Requirements, the decision of the Owner or the Owner’s designated representative as set forth in the General Contract shall be final.

This is a provision in a subcontract dealing with dispute resolution, typically when there is a dispute as to whether the subcontractor is performing extra-contractual or base contract work regarding an “interpretation of the Plans, Specifications, and/or the Contract Requirements.” It is not uncommon for there to be a dispute as to whether certain work is within the subcontractor’s scope of work or outside the subcontractor’s scope of work and subject to a change order.

Mr. Adelstein may be contacted at dma@kirwinnorris.com



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