Legal Question in Construction Law in California
Can I be sued in CA after going through a binding arbitration? We paid the Claimant and received confirmation that she received our payment but she hasn't put the check through which leads me to believe she could possibly be contemplating legal action. We participated in BINDING arbitration through the Contractors State License Board. We were assessed no fines or penalties and the arbitration award was for "cosmetic" repairs.
Asked on 7/15/21, 2:26 pm
1 Answer from Attorneys
Timothy McCormick Haapala, Thompson & Abern, LLP
No. Binding arbitration specifically ends the right to sue. Furthermore, if you paid the arbitration award, the fact that they fail to cash the check is irrelevant. You have what is called "accord and satisfaction," ending any right to sue even if the arbitration was not binding.
Answered on 7/19/21, 10:17 am