STOREY CONST. INC. v. HANKS

No. 35459-2008.

224 P.3d 468 (2009)

STOREY CONSTRUCTION INC., Plaintiff-Respondent, v. Tom HANKS and Rita Wilson, husband and wife; and Lily Reeves, Defendants-Appellants.

Supreme Court of Idaho, Boise, August 2009 Term.

Opinion Denying Rehearing December 31, 2009.


Attorney(s) appearing for the Case

Danielson Harrigan Leyh & Tollefson, LLP, Seattle; Clements, Brown & McNichols, Lewiston; and Edward Simon, Ketchum, for appellants. Arthur W. Harrigan, Jr., argued.

Stanislaw Ashbaugh, LLC, Seattle, and Christopher A. Wright, Seattle, for respondent. R. Miles Stanislaw argued.


EISMANN, Chief Justice.

This is an appeal from an order permanently enjoining arbitration regarding a construction contract on the ground that the claims alleged in the arbitration were barred by res judicata. The party seeking arbitration had asserted a counterclaim for construction defects in a prior arbitration and that counterclaim had been denied by the arbitrators. The district court held that the award barred all future claims for construction defects, even...

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