United States Ex Rel. DeLay & Daniels, Inc. v. American Employers Insurance

HEMPHILL, District Judge.

Use-plaintiff instituted proceedings under the Miller Act 1 seeking recovery under the subcontract between use-plaintiff and Mike Bradford and Co., Inc., of Miami, Florida. The defendant issued its surety agreement on the contract.

Motion by defendant invites decision that; (1) plaintiff be required to arbitrate before proceeding; and, (2) the arbitration should be maintained in Dade County, Florida. It is admitted the subcontract contained the following language:

Any controversy or claim arising out of or relating to this Sub-contract or any breach thereof shall be…