Dalton Paving & Constr. Inc. v. South Green Constr. of Ga. Inc.

Res judicata barred the plaintiff's claims, because the arbitrator expressly denied the claims, which the plaintiff raised in a prior arbitration, and the plaintiff should have asserted the remaining claims at that time.

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This case arises out of a dispute between a contractor, South Green Construction of Georgia, Inc. South Green, and its subcontractor, Dalton Paving & Construction, Inc. Dalton Paving. Pursuant to the subcontract, the parties submitted the dispute to arbitration. The arbitrator awarded Dalton Paving a total of $147,599.82 for its contract balance, interest, and attorney fees, but denied its remaining claims. Dalton Paving subsequently sued South Green and others in a five-count complaint which included a count to confirm the arbitrator’s award. The trial court concluded that two of Dalton Paving’s claims were precluded because they had been ruled upon by the arbitrator, and that the remaining two claims were not precluded because the alleged conduct giving rise to those claims occurred after the arbitration was concluded.1 In Case No. A06A2414, Dalton Paving appeals the trial court’s grant of summary judgment in favor of the appellees on two of its claims. In Case No. A06A2415, the appellees appeal the trial court’s denial of summary judgment on Dalton Paving’s remaining two claims. We affirm in Case No. A06A2414, but we reverse the denial of summary judgment to the appellees in Case No. A06A2415.

The underlying facts are largely uncontroverted here. A dispute arose between South Green and Dalton Paving concerning Dalton Paving’s grading, curb, and gutter work on the Dawnville Meadows Apartments construction project. Pursuant to a clause in the subcontract, the parties submitted to arbitration. Following a hearing, Dalton Paving filed a post-hearing brief requesting that the arbitrator find in its favor and also urging him to pierce South Green’s corporate veil and “find that South Green and the Owner acted as a joint venture.” The arbitrator found in favor of Dalton Paving awarding it a total of $147,599.82 for its contract balance, interest, and attorney fees, but denied all of Dalton Paving’s remaining claims.

Dalton Paving & Constr. Inc. v. South Green Constr. of Ga. Inc.

Res judicata barred the plaintiff's claims, because the arbitrator expressly denied the claims, which the plaintiff raised in a prior arbitration, and the plaintiff should have asserted the remaining claims at that time.

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