Legal Opinion

Bari Builders, Inc. v. Hovstone Properties Florida, Hovesite Monteverde 1&2, and Town & Country Builders, Inc.

District Court of Appeal of Florida

Decided August 6, 2014No. 4D14-765PublishedCited by 3 opinions

1Opinion of the CourtDamoorgian, C.J.

Appellant, Bari Builders, Inc., appeals the trial court’s denial of its motion to compel arbitration pursuant to a subcontract between it and Appellee, Hovstone Properties Florida, LLC. Because the subcontract contains an unambiguous arbitration provision, we reverse.

This dispute stems from a construction defect lawsuit brought by a condominium association against Appellees, the condominium’s developers. In turn, Appellees brought a third-party complaint against their subcontractors, including Appellant. Appellant moved to compel arbitration based on the following provision in the subcontract:

2Cases cited8 opinions

  1. Seifert v. US Home Corp.Supreme Court of Florida · 1999
  2. Roberto Basulto v. Hialeah Automotive, etc.Supreme Court of Florida · 2014
  3. ROYAL OAK LANDING HOME-OWNER'S ASS'N v. PelletierDistrict Court of Appeal of Florida · 1993
  4. Sims v. Clarendon National InsuranceDistrict Court, S.D. Florida · 2004
  5. JC Penney Co., Inc. v. KoffDistrict Court of Appeal of Florida · 1977

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Kendall Imports, LLC v. DiazDistrict Court of Appeal of Florida · 2017
  2. Terant v. Beltway Capital, LLCDistrict Court of Appeal of Florida · 2014
  3. Municommerce LLC v. Navidor, LTD. (Sic)District Court of Appeal of Florida · 2016

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