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I lost an arbitration hearing over a fee dispute (I'm architect for the project), Can I file mechanic's lien over same dispute?

Asked over 2 years ago - San Francisco, CA

My counterclaim for owed fees was turned down by an Arbitrator who sided with owner the fee had been fixed at a low level by the attorney/owner vs 12% of the Construction Cost as stated in my original, written Contract.

I resigned at 75% complete on services (we are at start of construction phase}.

Owner had a series of late payments on my first several invoices, but this was not deemed 'material' by the A, however I was criticized for not sending monthly invoices as stated in Contract.

Arbitrator awarded a $ 40,000 judgment to Claimant--for offset to complete my work.

So on a fluke, re-written sentence, am I out my fees and probably in BK, all for the attorney's re-writing one sentence in my Contract? This was over a four year time span. the sentence had said 'Preliminary Estimate

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Attorney answers (3)

L. Maxwell Taylor

Reputation Level 17

Answered over 2 years ago. Appeals Lawyer in Middlebury, VT.

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I'm assuming your contract provided for binding arbitration. If it did, and you took it to arbitration, and you lost, that's your remedy. Modifying or vacating an arbitrator's award is possible but the grounds for modification or vacation are very, very narrow. And you must act extremely promptly after the award is handed down, assuming grounds for modification or vacation are present. Consult an experienced litigator PRONTO.

Imagine that you file a mechanic's lien. Then you have a certain amount of time to obtain a judgment. The first time you go to court, the other side produces the arbitration award. Oops. Bye bye.

Not legal advice as I don't hold California licensure. Consult a licensed California lawyer immediately if you want legal advice.

Good luck.

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David William Ginn

Reputation Level 13

Answered over 2 years ago. Lawsuit / Dispute Attorney in Walnut Creek, CA.

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The above post is correct. If you agree to binding arbitration, you are waiving your rights to seek a remedy through the courts. Once you have an arbitration award, you can attempt to have the award vacated, but the grounds are relatively narrow. You should retain an attorney to assist you in looking at this. I am in Walnut Creek and can assist you if you wish.

Best regards,

David Ginn

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Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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In the contract, if you agreed to binding arbitration, you waived your right to seek a court remedy through litigation. This arbitration remedy is part of the bargain you agreed upon by signing the contract.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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