SMJ Gen. Constr., Inc. v. Jet Commercial Constr., LLC

MAASSEN, Justice.

I. INTRODUCTION

The parties entered into a construction subcontract that contained a broad dispute resolution provision. When disputes arose, the parties engaged in mediation as their subcontract required, reaching a settlement agreement by which they each "absolutely release[d] the other of and from any and all claims, demands and obligations of any kind arising from [the subcontract]." The settlement agreement, unlike the subcontract, contained no dispute resolution provision.

Two weeks after settlement the subcontractor filed suit against the contractor in superior court,…