Pinnacle Construction Co. v. Osborne

Birdsong, Presiding Judge.

Elbert and Deborah Osborne sued Pinnacle Construction Company for defects in a new house, alleging breach of contract, breach of warranty, fraud and unfair and deceptive trade practices. Pinnacle moved to compel arbitration. In denying this motion, the trial court held that Pinnacle “does not seek to compel arbitration under the terms of the HBW warranty but rather under . . . the . . . contract for purchase and sale of real estate,” and that as the sales contract was not initialed by the parties, under OCGA § 9-9-2 (c) (8), the Arbitration Act does not apply to…