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PESKA CONST. CO. v. PORTZ INV. L.L.P.

Nos. 22549, 22575.

672 N.W.2d 483 (2003)

2003 SD 136

PESKA CONSTRUCTION COMPANY, INC., a South Dakota Corporation, Plaintiff and Appellee, v. PORTZ INVESTMENT, Limited Liability Partnership, Defendant, and Area Steel, and Ryan Shawd, Individual, Defendants and Appellants. Peska Construction Company, Inc., a South Dakota Corporation, Plaintiff and Appellee, v. Portz Investment, Limited Liability Partnership, Defendant and Appellant, and Area Steel, and Ryan Shawd, Individual, Defendants.

Supreme Court of South Dakota.

Decided November 25, 2003.

Rehearing Denied December 11, 2003.

Attorney(s) appearing for the Case

Melissa Nicholson of Johnson, Eklund, Nicholson & Peterson, Sioux Falls, Attorneys for plaintiff and appellee.

Ronald G. Schmidt of Schmidt, Schroyer & Moreno, Rapid City, Attorneys for defendants and appellants, Area Steel and Ryan Shawd.

Brian K. Kirby of Bangs, McCullen, Butler, Foye & Simmons LLP, Sioux Falls, Attorneys for defendant and appellant, Portz Investment, LLP.

ZINTER, Justice.

[¶ 1.] Peska Construction Company (Peska) sued Portz Investment (Portz) and Area Steel to foreclose on a mechanic's lien and recover money due for work performed on Portz's property. Portz and Area Steel counterclaimed alleging defects in the four concrete slabs constructed by Peska on the property. The parties subsequently entered into an agreement to arbitrate all issues relating to all four slabs. The day before the arbitration hearing, latent...

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