Conmac Corp. v. Southern Diversified Dev. Inc.

In Case Number A00A1124, Conmac Corporation appeals from the Fulton County Superior Court’s order vacating the modification of an arbitration award Conmac obtained against Southern Diversified Development, Inc. “SDDI”. In Case Number A00A1125, Conmac appeals from the trial court’s denial of its emergency motion to enter judgment against intervenor Continental Casualty Company “Continental”. Finding no error, we affirm.

In December 1996, SDDI hired Conmac to build a multi-story condominium building in northwest Atlanta. The construction contract specified that disputes would be arbitrated pursuant to the Construction Industry Arbitration Rules of the American Arbitration Association “AAA”. When SDDI refused to pay for construction work performed by Conmac, Conmac filed a $907,553 Claim of Lien against SDDI’s property on February 4, 1998. Two days later, Conmac sued SDDI for breach of contract, quantum meruit, lien foreclosure, tortious interference with contractual relations, fraud, business defamation, and conversion. Conmac demanded arbitration under the contract, and the trial court stayed the case pending arbitration.