In this action by appellees Allen and Tawanna Iverson seeking redress for construction defects in their new home, we granted this interlocutory appeal to consider whether the trial court erred in denying in part appellant Order Homes, LLC’s motion to compel arbitration and in denying in whole the motions to compel arbitration filed by appellants Order Construction, Inc., Saeid L. Sadri, Nasser Golshani, and Parisian Homes, Inc. Because the arbitration clause at issue shows that the parties intended to submit the types of claims in dispute to an arbitrator, and because we conclude that the nonsignatory appellants may compel arbitration under the doctrine of equitable estoppel, we reverse the trial court’s ruling insofar as it denied appellants’ motions to compel. “The question of arbitrability, i.e., whether an agreement creates a duty for the parties to arbitrate the particular grievance, is undeniably an issue for judicial determination.”1 The standard of review of a trial court’s ruling on a motion to compel arbitration is “whether the trial court was correct as a matter of law.”2 “The construction of an arbitration agreement, like any other contract, presents a question of law, which is subject to de novo review.”3
The record reflects that in June 2006, Order Homes and the Iversons entered into a New Construction Purchase and Sale Agreement the Agreement, pursuant to which Order Homes was to construct and sell a new home to the Iversons. Paragraph 14 B of the Agreement contained the following clause concerning arbitration: Buyer and Seller agree that any construction defect claim not resolved after following the procedure described in OCGA § 8-2-38 and all other claims between the parties shall be settled by arbitration through the services of an arbitrator mutually agreed upon by the parties. The decision of the arbitrator shall be final and may be enforced by any court having jurisdiction thereof. The arbitration shall be conducted in accordance with OCGA § 9-9-1 et seq. Notwithstanding the provisions of this subparagraph, if Buyer is claiming under a warranty provided by Seller, the terms and procedures of that warranty shall first apply to the resolution of the claim. In order for this paragraph to be a part of this Agreement it must be initialed by Buyer and Seller; if not initialed it shall be void and unenforceable.4 This paragraph was initialed by the Iversons and by Order Homes, who were the only signatories to the Agreement.
