Legal Opinion

Gemstone Builders, Inc. v. Stutz

Court of Appeals of Oregon

Decided August 17, 2011No. 160825106; A141847PublishedCited by 3 opinions

1Opinion of the CourtOrtega, P. J.

Defendants appeal the denial of their petition to compel arbitration. ORS 36.730(l)(a). Because we conclude that the contract between plaintiff and defendants requires binding arbitration of their disputes, we reverse and remand.

The facts in the record are few. Plaintiff, a contractor, sued defendants, who had hired plaintiff to build a house for them. Plaintiff asserted claims for breach of contract, unjust enrichment, and fraud.

The contract between plaintiff and defendants includes several provisions that address the resolution of disputes. For ease of reference, we assign numbers to the…

2Cases cited12 opinions

  1. Yogman v. ParrottOregon Supreme Court · 1997
  2. Batzer Construction, Inc. v. John BoyerCourt of Appeals of Oregon · 2006
  3. McKee v. Home Buyers Warranty Corp. IICourt of Appeals for the Fifth Circuit · 1995
  4. Livingston v. METROPOLITAN PEDIATRICS, LLCCourt of Appeals of Oregon · 2010
  5. Industra/Matrix Joint Venture v. Pope & Talbot, Inc.Oregon Supreme Court · 2006

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

3Cited by3 opinions

  1. Adair Homes, Inc. v. Dunn Carney Allen Higgins & Tongue, LLPCourt of Appeals of Oregon · 2014
  2. Couch Investments, LLC v. PeverieriCourt of Appeals of Oregon · 2015
  3. Black Tail Dev., LLC v. Or. TV, LLCCourt of Appeals of Oregon · 2018

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