Baker
Baker v. Osborne Development Corp.
Opinion
Opinion
Hollenhorst, J.
I. INTRODUCTION
Defendant Osborne Development Corporation (Osborne) appeals from an order denying its motion to compel arbitration in a construction defect action. We find no error, and we affirm.
II. FACTS AND PROCEDURAL BACKGROUND
Plaintiffs filed a complaint on October 13, 2005, against Osborne, alleging the homes they purchased from Osborne suffered from construction defects in design and workmanship, including, among other things, problems from soil movement; foundation deficiencies; plumbing leaks; stucco, window, and roof problems; finish problems relating to cabinets, floor tiles, and countertops; and problems with the framing and electrical, heating, plumbing, and ventilation systems. The complaint alleged causes of action for strict liability, breach of the implied warranty of merchantability, breach of the purchase agreement, negligence, and breach of warranty.
Osborne answered the complaint in March 2006. On July 12, 2006, Osborne filed a motion to compel arbitration as to certain plaintiffs.
In support of the motion, Osborne contended that certain plaintiffs had entered into an enforceable arbitration agreement. Osborne provided evidence that Osborne…