Del. High Court Nixes Arbitration In Wharf Contract Spat

Law360, New York (March 10, 2010, 4:24 PM EST) -- Reversing a lower court, the Delaware Supreme Court has ruled that a construction company is in fact able to litigate a contract dispute over cost overruns for a wharf project in the Port of Wilmington.

Delaware’s highest court determined Monday that Diamond State Port Corp., the corporate entity that owns and operates the Port of Wilmington, cannot compel Kuhn Construction Co. to arbitrate the construction feud because the contract fails to include an unambiguous clause to that effect.

The decision overturns the Delaware Chancery Court ’s...
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