Stephen Chase Gerrish's Answers

How long does the defendant have to claim the arbitration clause in a construction contract after the plaintiff files suit.

Louisiana law may differ from other states. I believe the general rule in Louisiana is that the issue of whether an arbitration clause has been waived (for example by participating in the civil action and waiting until late in the case) is for an arbitrator, not the civil judge, to decide. The civil court, if faced with a petition to compel a binding arbitration clause cannot decide the issue and must stay the civil action in favor of arbitration. This should be confirmed through local...