Slaught
Slaught v. Bencomo Roofing Co.
Opinion
Opinion
Vogel, J.
Introduction
John R. Slaught, doing business as J.R. Slaught Construction Co., appeals (Code Civ. Proc., § 1294, subd. (a)) from an order entered on March 17, 1992, denying his petition to compel arbitration and to consolidate arbitration proceedings. Because we find agreements by the parties to participate in such consolidated arbitration, we reverse.
Procedural and Factual Background
On February 8,1989, Slaught, a general contractor (Contractor), was hired by Perry Avenue Fund 88-Ltd., owner of real property in Carson, California (Owner), to supervise the construction of 58 single-family dwellings on the property. Contractor then hired several subcontractors and materialmen, including Bencomo Roofing Company, Fram Construction Co., Inc., K & M Construction Co., Inc., Topline Finish Products, Inc., and Sel Villarreal (Subcontractors).
On May 15,1991, a dispute arose between Contractor and Owner wherein Contractor alleged that he was owed $52,889.51 by Owner for out-of-pocket expenses and costs incurred in construction. The matter was submitted to arbitration with the American Arbitration Association pursuant to the construction agreement between Owner and Contractor…