City of Cottonwood v. James L. Fann Contracting, Inc.

OPINION

GERBER, Judge.

Appellant City of Cottonwood (Cottonwood) appeals from the trial court’s determination that appellee Fann Contracting (Fann) requested arbitration in a timely manner and the trial court’s order that the parties proceed to arbitration. Cottonwood also appeals the trial court’s award of attorney’s fees to Fann. We hold that the arbitrator is the proper party to consider the issue of timeliness, but because the arbitrator independently determined that Fann’s request was timely, the court did not err in sending the parties to arbitration. We further hold that the trial court…