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Archer W. Contractors LLC v. Holder Constr. Co.

A subcontract's provision placing venue and jurisdiction of any legal action arising from the subject matter of the subcontract exclusively in specific Georgia courts did not supplant the subcontract's arbitration provisions.

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Appellants Archer Western Contractors and Capital Contracting Company collectively, “AWC” filed the instant suit against appellees Holder Construction Company, Manhattan Construction Company, C. D. Moody Construction Company, and Hunt Construction Group collectively, “HMMH” seeking a declaration that HMMH’s assertion of its right to withhold payments to its subcontractor AWC was barred by res judicata. HMMH filed a motion to dismiss AWC’s action and to compel arbitration, which the trial court granted. On appeal from this order, AWC argues that the trial court erred when it granted HMMH’s motion to dismiss because the arbitration provision is unenforceable and because the trial court, rather than an arbitrator, was required to determine whether res judicata barred HMMH’s assertion of its right to withhold payments. We disagree with these contentions and therefore affirm.

Whether a valid and enforceable arbitration agreement exists is “a question of law.” Miller v. GGNSC Atlanta, 323 Ga. App. 114, 117 1 746 SE2d 680 2013. We therefore review a trial court’s order granting or denying a motion to compel arbitration de novo. Id.

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