TT&H Attorneys Javier A. Zurita and Richard C. DeFrancesco Win Dismissal of Construction Defect Claim Pursuant to Arbitration Clause

Javier A. Zurita and Richard C. DeFrancesco, both of TT&H’s Ambler office, recently won the dismissal of a construction defect case filed in the Philadelphia County Court of Common Pleas.  The dismissal came after two Amended Complaints, and after the client’s prior counsel had failed to file Preliminary Objections raising an arbitration provision contained in the relevant contract with the Plaintiff (the owner of the construction projects).  In obtaining the dismissal, Attorneys Zurita and DeFrancesco successfully persuaded the Court that the agreement remained valid and enforceable, that the client had not waived enforcement of the arbitration provision, and that enforcing the provision would not prejudice the Plaintiff.  The Court’s ruling reflects Pennsylvania’s policy of enforcing private agreements to submit disputes to arbitration, provided that the clause comes within the scope of the parties’ controversy.  The decision also recognizes that Pennsylvania Courts should not lightly infer that one party waived the right to proceed to arbitration pursuant to contractual terms.

Questions about this case can be directed to Javier A. Zurita at (267) 861-7591 ext. 8513 or jzurita@tthlaw.com.