Q: Can I be sued in court if there is an arbitration clause in the contract?
The party who is threatening to sue me for breach of contract has, in fact, materially breached the contract, and also entered into the contract fraudulently by representing themselves as the "builder" when I now know they did not, and do not have a license to enter into a contract to build a new home. Does this make their contract invalid? If they sue me, can I counter sue them for Fundamental breach of contract, frivolous lawsuit, and possibly other damages? Thank you
A: Use of "builder" in the contract doesn't necessarily imply that they are licensed. If there is an arbitration clause, that may indeed be grounds for a motion to dismiss.
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