FEDERALCourt of Appeals for the First Circuit
2003

Intergen N v. v. Grina

344 F.3d 134Court of Appeals for the First Circuit • Decided 2003Enforced

HOLDING

InterGen, a company not party to arbitration agreements signed by other parties, sued and won the right to avoid arbitration. The First Circuit Court of Appeals ruled that only parties who actually signed an arbitration clause can be forced into arbitration. This matters to subcontractors because it protects you from being dragged into arbitration if you didn't personally agree to it, even if your general contractor or project owner did.

KEY FINDINGS

Arbitration Clause

You cannot be forced to arbitrate unless you personally signed an arbitration agreement—being part of a project doesn't automatically bind you to other parties' arbitration clauses.

Liquidated Damages

If a contract you didn't sign contains an arbitration clause, you can still pursue disputes in court rather than arbitration.

FULL COURT OPINION