Patten Grading & Paving, Inc. v. Skanska USA Building, Inc.

Reversed and remanded by published opinion. Judge DUNCAN wrote the majority opinion, in which Judge FLANAGAN joined. Judge WIDENER wrote a dissenting opinion.

OPINION

DUNCAN, Circuit Judge:

Skanska USA Building, Inc. and American Home Assurance Co., Inc. (collectively “Skanska”) appeal the district court’s order denying Skanska’s motion to compel arbitration in a civil action filed by Patten Grading & Paving, Inc. (“Patten”). In its complaint, Patten alleged that Skanska breached their subcontract agreement by failing to pay Patten for grading work on a construction project Skanska managed.…