Shawnee Hospital Authority v. Dow Construction, Inc.

OPALA, Vice Chief Justice.

The sole question for us to answer today is whether, in this post-dismissal proceeding to enforce a settlement agreement, the trial court correctly ruled that the earlier contract’s arbitration clause is not enforceable for resolution of claims left unresolved by the settlement’s express terms? We answer in the affirmative.

I

THE ANATOMY OF LITIGATION

This appeal stems from denial of Dow Construction Inc.’s [Dow] request to compel arbitration of a latent-defect claim in connection with a hospital building project. Shawnee Hospital Authority [Hospital] and Dow entered…