Mineola law firm wins important court ruling.Matthew G. Roseman, of the Mineola-based law firm Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, won an important reversal from the U.S. Court of Appeals on behalf of his client, the Peter C. Kurth Office of Architecture and Planning, P.C. The case addressed the enforceability of arbitration clauses in standard construction contracts issued by e American Institute of Architects The American Institute of Architects (AIA) is a professional organization for architects in the United States. Organized in 1857, the Institute conducts various activities and programs to support the profession and enhance its public image, including periodically awarding the AIA . Roseman successfully argued that allegations of fraud -- or even a finding of fraud -- are not sufficient to nullify nul·li·fy tr.v. nul·li·fied, nul·li·fy·ing, nul·li·fies 1. To make null; invalidate. 2. To counteract the force or effectiveness of. the arbitration clause in such contracts. "The importance of this succesful appeal lies in the breadth of the ruling," explained Roseman. "The Court has recognized that the arbitration clause is an integral aspect of such agreements in the construction industry -- that all issues and disputes should be subject to arbitration, no matter what the legal circumstances CIRCUMSTANCES, evidence. The particulars which accompany a fact. 2. The facts proved are either possible or impossible, ordinary and probable, or extraordinary and improbable, recent or ancient; they may have happened near us, or afar off; they are public or surrounding sur·round tr.v. sur·round·ed, sur·round·ing, sur·rounds 1. To extend on all sides of simultaneously; encircle. 2. To enclose or confine on all sides so as to bar escape or outside communication. n. the contract might be." The case, Garten v. Kurth involved a contractual dispute between the architect/builder Kurth and clients alleging fraudulent The description of a willful act commenced with the Specific Intent to deceive or cheat, in order to cause some financial detriment to another and to engender personal financial gain. activity by Kurth and his companies in the design and construction of their luxury Westchester homes. In light of these allegations, the plaintiffs ought to nullify an arbitration clause contained in the standard A.I.A. contract. In its Sept. 7 decision, the appeals court overturned a March 14, 2001 ruling by U.S. District Court Judge Charles Brieant who had found for the plaintiffs. In commenting on the case, Roseman explained that standard construction contracts drawn up by the A.I.A. allow architects/builders and their clients to agree on an arbiter from the American Arbitration Association The American Arbitration Association (AAA) is a private enterprise in the business of arbitration, and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation and other forms of alternative dispute resolution. to decide all disputes arising from the performance of the contract. The arbiter's decisions are final. |
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