A submission agreement is a contract in which the parties agree to submit a particular existing controversy to arbitration and to abide by the award of the arbitrator or arbitration panel. The agreement is governed by the rules applicable to contracts generally, and consideration is supplied by the mutual covenants of the parties to be bound by the award rendered.
Massachusetts Submission to Arbitration of Dispute between Building Construction Contractor and Owner: In Massachusetts, when a dispute arises between a building construction contractor and an owner, both parties have the option to seek resolution through an arbitration process. This allows them to avoid lengthy court proceedings and find a swift resolution to their disagreements. The Massachusetts Submission to Arbitration is a formal process where both parties agree to present their arguments and evidence before a neutral third party, known as an arbitrator. The arbitrator, who is often an experienced construction law professional, will review all the evidence, listen to testimonies, and analyze the legal aspects of the dispute. Through this process, the arbitrator aims to make a fair and impartial decision based on the facts presented. It is crucial for both the contractor and owner to thoroughly prepare their case and provide compelling evidence to support their claims. Massachusetts has several types of submission to arbitration that can be utilized in construction disputes. These include: 1. Construction Contract Clauses: Some construction contracts may include arbitration clauses inserted by the parties during the initial agreement. These contractual clauses outline the specific terms and conditions under which disputes will be submitted to arbitration. 2. Voluntary Arbitration Agreement: In situations where the construction contract does not include an arbitration clause, both the contractor and owner can voluntarily agree to submit their dispute to arbitration. This involves signing a separate agreement outlining the terms and procedures for the arbitration process. 3. Statutory Arbitration: Massachusetts also has statutory provisions, such as the Massachusetts General Laws Chapter 251, which provide for mechanisms of submission to arbitration in construction disputes. Under this statute, parties can opt for arbitration by serving written notice to the opposing party. Regardless of the type of Massachusetts submission to arbitration chosen, the process generally involves the following steps: 1. Initial Notice: The party initiating the arbitration must serve a written notice to the opposing party, clearly stating their intention to pursue arbitration. 2. Selection of Arbitrator: Both parties usually agree on a single arbitrator who possesses knowledge and expertise in construction law. Alternatively, they may opt for a panel of arbitrators. 3. Preliminary Hearing: Once the arbitrator is appointed, a preliminary hearing is convened to discuss the scope of the dispute, establish deadlines, and address any procedural matters. 4. Presentation of Evidence: Each party has the opportunity to present their case, witness testimonies, documentary evidence, and expert reports to support their position. 5. Arbitration Hearing: The arbitration hearing provides an opportunity for both parties to make their arguments and counterarguments before the arbitrator. Cross-examinations and oral arguments may be conducted during this stage. 6. Arbitration Award: After the hearing, the arbitrator considers the evidence and issues a written decision known as the arbitration award. This decision is final and binding on both parties, subject to limited grounds for appeal. 7. Enforcement: In case of non-compliance with the arbitration award, either party can seek court enforcement to ensure the implementation of the decision. By choosing to submit their dispute to arbitration in Massachusetts, both building construction contractors and owners can benefit from a streamlined and efficient alternative to traditional litigation. It allows for a cost-effective resolution process while ensuring a fair and impartial outcome.
