Garrett Enterprises Consolidated, Inc. v. Allen Utilities, LLC

WILSON, J.,

for the Court:

¶ 1. The circuit court granted the motion to compel. arbitration filed by. defendants Kip Allen and Allen Utilities LLC (AU),1 finding that Allen and AU are third-party beneficiaries of two subcontracts, which contain arbitration provisions, between plaintiff Garrett Enterprises Consolidated Inc. (Garrett) and Hensley R. Lee Contracting Inc. (Lee). However, the subcontracts’ arbitration provisions are expressly limited to claims “between the Contractor [i.e., Lee] and the Subcontractor [i.e., Garrett],” nothing in the subcontracts grants Allen or AU any enforceable…