Arbitration vs filing Registar of contractor complaint

[Ostbob]

Jurisdiction

Arizona

If a construction contract on a new home has an American Arbitration clause does that mean we can not file a complaint with the Registar of Contactors too? Or would that be a breach of the contract?
My thinking is you can always file a complaint with a state enforcement agency but would use the Arbitration clause rather than suing the contractor in court.

 

[mightymoose]

Read the wording of the contract carefully for limitations. Typically the arbitration agreement only keeps you from running off to court.
You might want to wait until after arbitration before making any complaints in order to keep the other party cooperative.

 

[adjusterjack]

Contract law allow you to waive rights unless a statute prohibits the waiver of those rights.

Depends on the exact wording of the arbitration clause.

Care to quote it word for word.

 

[Ostbob]

Here's the exact wording,and this is why I was wondering if this AAA clause demands that you only do Arbitration and would prevent us from also filing a complaint with the AZ Registrar of Contractors. It says: Any controversy or claim SHALL BE settled by mediation ect." but again I'm thinking this would only apply if we were thinking of suing the contractor but not filing a complaint against them with the state enforcement agency he's licensed with.

"Any controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by mediation under the Construction Industry Mediation Procedures of the American Arbitration Association. If a party fails to respond to a written request for mediation within 15 days after service or fails to participate in any scheduled mediation conference, that party shall be deemed to have waived its right to mediate the issues in dispute. "

 

[adjusterjack]

OK, that provision doesn't prevent you from filing a complaint and going to arbitration.

At the following link, read ARS 32-1155 and ARS 31-1155.01

Rules and Policies | Arizona Registrar of Contractors

Here's more info from the AZ ROC:

Complaint Process - Investigation | Arizona Registrar of Contractors

Whether you invoke arbitration first or file your complaint first is up to you. I suppose you can do both at the same time if you like.