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CANON SCH. DIST. v. W.E.S. CONSTR. CO. IV

No. CV-93-0399-PR.

180 Ariz. 148 (1994)

882 P.2d 1274

CANON SCHOOL DISTRICT NO. 50, a political subdivision of the State of Arizona, Plaintiff-Appellant, v. W.E.S. CONSTRUCTION COMPANY, INC., an Arizona corporation, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

October 20, 1994.

Attorney(s) appearing for the Case

Horne, Kaplan & Bistrow, P.C. by Thomas C. Horne, Martha B. Kaplan, Phoenix, and Favour, Moore, Wilhelmsen, Payette & Schuyler, P.A. by David K. Wilhelmsen, Prescott, for plaintiff-appellant.

Dillingham, Keilp & Cross, P.C. by John L. Dillingham, Phoenix, for defendant-appellee.

OPINION

MOELLER, Vice Chief Justice.

FACTS AND PROCEDURAL HISTORY

This case has a tortured procedural history. W.E.S. Construction Company, Inc. (W.E.S.) contracted with Canon School District No. 50 (the District) to build a school building in Black Canyon City, Arizona. The contract contained an arbitration clause. When disputes arose, W.E.S. demanded arbitration. The District filed suit in superior court to stay arbitration...

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