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KUHN CONST. v. DIAMOND STATE PORT CORP.

No. 124, 2009.

990 A.2d 393 (2010)

KUHN CONSTRUCTION, INC., Plaintiff Below, Appellant, v. DIAMOND STATE PORT CORPORATION and Eugene Bailey, in his capacity as Executive Director of the Diamond State Port Corporation, Defendant Below, Appellees.

Supreme Court of Delaware.

Decided: March 8, 2010.

Attorney(s) appearing for the Case

James S. Green, Sr., Seitz Van Ogtrop & Green, P.A., Wilmington, DE; Paul A. Logan (argued), Powell, Trachtman, Logan, Carrle & Lombardo, P.C., King of Prussia, PA, pro hac vice for appellant.

Donald E. Reid, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE, for appellee, Diamond State Port Corporation.

Frederick H. Schranck, Department of Justice, Dover, DE, for amicus curiae the Delaware Department of Transportation.

Anthony G. Flynn and William E. Gamgort, Young Conaway Stargatt & Taylor LLP, Wilmington, DE, for amicus curiae the Delaware Contractors Association.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the court en banc.

STEELE, Chief Justice:

Kuhn Construction Company submitted the lowest bid to reconstruct a wharf for Diamond State Port Corporation, but later disputed construction and engineering plans. When DSPC's executive director asserted that their contract's referee clause allowed him to arbitrate disputes between the parties, Kuhn sued to enjoin arbitration. The Vice Chancellor granted DSPC's motions to dismiss and compel arbitration. Because the referee clause on these facts...

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