Atlantic Station LLC v. Vratsinas Constr. Co.

Atlantic Station, LLC, appeals the trial court’s denial of its petition to stay arbitration sought by Vratsinas Construction Company VCC, which built the parking deck at the mixed-use complex, contending that VCC’s claim is not subject to arbitration because it is for services that were not included in the parties’ written contracts. Because Atlantic Station participated in the dispute resolution process for 18 months before filing its petition to stay the arbitration, we affirm. We review a grant or denial of a motion to stay arbitration de novo to determine whether the trial court was correct as a matter of law. See Tigner v. Shearson-Lehman Hutton, Inc. , 201 Ga. App. 713, 715 411 SE2d 800 1991. A review of the voluminous record reveals the following relevant evidence.

The multi-use Atlantic Station complex was built on the 138-acre former “brown field” left by Atlantic Steel. In 1999, VCC began working with Atlantic Station, LLC, to develop proposals for the land.1 At that time, according to VCC’s first arbitration demand, Atlantic Station did not have the personnel or cash flow to undertake the development itself. VCC contends it had an “understanding” with Atlantic Station that it would defer charging for these “preconstruction services” in exchange for the opportunity to serve as the general contractor for any structures that would be built on the property, essentially giving Atlantic Station the “equivalent of an interest free loan.”