Plaintiff surprised court enforced arbitration provision in suit over defective roof shingles

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 19, 2022 11:30 AM

Relying on 2015 Missouri opinion, the Summerfield Gardens Condominium Association argued Illinois wouldn’t enforce an arbitration provision printed on the wrapping of bundles of allegedly defective shingles that were opened by a roofing contractor the condominium developer hired, “because there is no evidence that it knew of or agreed to the clause.”The developer, Emmons & Wickenhauser, bought Tamko Building Products’ Heritage Shingles from Fischer Lumber Co. for a project in Godfrey, Illinois.When Summerfield Gardens …

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