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Arbitration – Motion to Compel – Unwritten Contract – Construction Project – Fourth Building – Unsigned Contract — Prior Contracts – Exceptions to Arbitrability (access required)

Miller & Long, Inc. v. Intracoastal Living, LLC Even though the parties’ written subcontracts included an arbitration clause, and even though the parties had already built three buildings in the project at issue, since the parties never reduced their subcontract to writing with respect to a fourth building, the plaintiff-subcontractor’s claims with regard to the fourth building are not subject to arbitration. However, even though the parties never signed the subcontract pertaining to the third building, its arbitration clause is enforceable.

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