WEATHERGUARD ROOFING CO., INC. v. D.R. WARD CONST., CO., INC.

No. 1 CA-CV 05-0247.

152 P.3d 1227 (2007)

WEATHERGUARD ROOFING CO., INC., a defunct Arizona corporation, Plaintiff/Appellant, v. D.R. WARD CONSTRUCTION COMPANY, INC., an Arizona corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 1, Department E.

February 27, 2007.


Attorney(s) appearing for the Case

Schneider & Onofry, P.C. By Charles D. Onofry and Luane Rosen, Phoenix, Attorneys for Plaintiff/Appellant.

Turley, Swan & Childers, P.C. By Christopher J. Bork, and Bremer Whyte Brown & O'Meara, LLP By Jeffrey D. Holland, Phoenix, Attorneys for Defendant/Appellee.


OPINION

NORRIS, Judge.

¶ 1 Appellant, Weatherguard Roofing Co., Inc., was a subcontractor on a custom residential project. On appeal, it argues the superior court should not have denied its motion to stay an arbitration proceeding between it and the general contractor on the project, Appellee, D.R. Ward Construction Co., Inc. The superior court concluded that because a clause in the construction contract between Ward and the project owners providing...

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