United States Fidelity and Guaranty Company, a Corporation v. West Point Construction Company, Inc.

The primary, issue on appeal is whether United States Fidelity and Guaranty Company (“USF & G”) is bound to submit to arbitration by virtue of the fact that the performance bond which it issued incorporated by reference the underlying subcontract which in turn contained an arbitration clause. The district court held that USF & G was bound to arbitrate. USF & G appeals. We affirm.

West Point Construction Company, Inc.,_ the defendant-appellee, was general contractor to construct the Lee County Justice Center for the Lee County (Alabama) Commission. West Point attempted to institute arbitration…