Court Holds Statute Of Limitations To File Civil Action Does Not Apply To Arbitration

Stanley Martin of Commonsense Construction Law LLC has this article, published by Lexology, discussing the decision by the Maryland Court of Special Appeals in Park Plus, Inc. v. Palisades of Towson, LLC, in which the court held that a demand for arbitration filed almost five years following the expiration of the warranty upon which the claim was predicated was not barred by Maryland’s three year statute of limitations. As Mr. Martin points out, the court expressed the view that “the expiration of a statutory limitations period does not render a demand for arbitration untimely—and, thus, the right to arbitration waived—unless the parties provide for this in their arbitration agreement.”