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WILLIAMS v. TAMKO BUILDING PRODUCTS INC

Citation: 2019 OK 61

Court: Supreme Court of Oklahoma; October 1, 2019; Oklahoma; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

In the case of Williams v. TAMKO Building Products Inc., the Oklahoma Supreme Court evaluated the enforceability of an arbitration agreement included with roofing shingles installed on the plaintiffs' home. The homeowners, having noticed roof damage, sued TAMKO for product liability. TAMKO sought to compel arbitration based on a clause in the limited warranty. The trial court supported TAMKO, asserting that the homeowners were aware of the contract terms. However, upon appeal, the Supreme Court reversed this decision, citing that the arbitration agreement was not binding as it was only visible on discarded packaging, and thus not adequately disclosed to the homeowners. The court emphasized that the contractors lacked authority to waive the homeowners' constitutional rights, such as the right to a jury trial. Furthermore, the arbitration agreement was deemed unconscionable due to its presentation as an adhesion contract, which was heavily one-sided. Consequently, the court remanded the case for further proceedings without arbitration, affirming the homeowners' constitutional protections and the necessity of clear contractual consent.

Legal Issues Addressed

Enforceability of Arbitration Agreements

Application: The court ruled that an arbitration agreement visible only on discarded packaging did not constitute a binding agreement between the homeowners and the manufacturer.

Reasoning: The Supreme Court reversed this decision, ruling that the arbitration agreement, which was only visible on the shingle wrapping and discarded by the contractors, did not create a binding agreement between the homeowners and the manufacturer.

Federal Arbitration Act and Oklahoma Uniform Arbitration Act

Application: The FAA governs interstate commerce contracts, and the OUAA dictates procedural enforcement, with appeals allowed from final arbitration decisions.

Reasoning: Jurisdiction is established under the Federal Arbitration Act (FAA), which governs interstate commerce contracts, while the Oklahoma Uniform Arbitration Act (OUAA) dictates procedural enforcement of the FAA.

Implied Agency and Authority

Application: The contractors' actions in selecting and installing shingles did not extend to waiving the homeowners' constitutional rights, such as the right to a jury trial.

Reasoning: The one-time act of selecting and installing shingles by the contractors does not imply permission to relinquish a constitutional right, especially when the arbitration agreement was likely presented in a manner that would not reach the Homeowners.

Knowledge and Consent in Contract Formation

Application: Homeowners lacked actual knowledge of the arbitration agreement, precluding their consent, as the agreement was not adequately disclosed.

Reasoning: The Homeowners could not ratify the arbitration provision due to their lack of knowledge.

Unconscionability of Arbitration Clauses

Application: The court found the arbitration clause to be unconscionable as it was heavily one-sided, presented as an adhesion contract, and obscured from the homeowners' view.

Reasoning: The arbitration clause is deemed unconscionable as it represents an adhesion contract, which is heavily one-sided and oppressive.