Schneider Electric Buildings Critical System, Inc. v. Western Surety Co.

Adkins, J,

This case asks us to define the scope of a mandatory arbitration clause incorporated by reference into a web of construction contracts. It presents the question of whether a surety who issued a performance bond on a subcontract is bound by that contract’s arbitration clause when the surety is jointly and severally liable for the “performance of’ the subcontract and the entire subcontract is incorporated into the bond by reference.

FACTS AND LEGAL PROCEEDINGS

In May 2009, Petitioner Schneider Electric Buildings Critical Systems, Inc. (“Schneider”) entered into a contract with National…