Richard Harp Homes, Inc. v. Van Wyk

Karen R. Baker, Judge.

This is an appeal from an order denying a motion by appellant Richard Harp Homes, Inc. (Harp), seeking to compel arbitration of a cross-claim filed against it by appellees Marla and Jim Van Wyk. The circuit court found that the arbitration provision was supported by mutuality of obligation but that the obligations were rendered illusory when the contract was considered as a whole. We affirm.

In April 2004, Harp agreed to construct a home for the Van Wyks in a subdivision covered by a “Bill of Assurance” containing a provision regulating setback lines between adjacent…