R. LAWRENCE BONNER AND JEANNIE P. BONNER, HIS WIFE, APPELLANTS,
v.
RCC ASSOCIATES, INC., APPELLEE
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A contractor waives its contractual arbitration rights by actively seeking judicial resolution of a dispute before requesting arbitration or a stay.
Homeowners contracted with a contractor for renovations, which included an arbitration clause. The homeowners were dissatisfied with the work and with…
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PER CURIAM.
Homeowners Lawrence and Jeannie Bonner appeal from a nonfinal order granting a contractor’s motion to stay, pending arbitration. For the following reasons, we reverse.
The Bonners contracted with RCC Construction to renovate their residence. Included in the contract was a standard arbitration clause that mandated arbitration of all claims or disputes between the owners and the contractor that arose out of the contract. The owners were dissatisfied with the work performed and did not make all of the eontracted-for payments. The contractor filed a complaint for breach of contract and quantum meruit, and a notice of lis pendens. Although the contractor served on the Bon-ners a demand for arbitration, the contractor did not allege that arbitration was required, and did not request a stay of the proceedings pending arbitration until twenty-one days after filing suit.
When RCC filed its complaint and lis pen-dens, it actively sought judicial resolution of the dispute — an action inconsistent with arbitration. The contractor thus waived its contractual arbitration rights “by filing the action below, without simultaneously requesting a stay and an order compelling arbitration....” Hough v. JKP Dev., Inc., 654 So. 2d 1241, 1241 (Fla. 3d DCA 1995); see also Hardin Int’l v. Firepak, Inc., 567 So. 2d 1019, 1021 (Fla. 3d DCA 1990)(con-tractor “waived its right to arbitrate the lien dispute when it filed the foreclosure action”).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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Zager Plumbing, Inc. v. JPI Nat'l Constr., Inc., 785 So. 2d 660 (Fla. 3d DCA 2001)…rce the construction lien or would be content to rest solely on its contractual claim. See Matrix, 578 So. 2d at 389. We fail to see how Zager is prejudiced by our allowing this procedure. We distinguish the decision in Bonner v. RCC Assocs., Inc., 679 So. 2d 794 (Fla. 3d DCA 1996), as having not involved the mechanism for discharge of lien under subsection 713.21(4). Affirmed.…
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Waterhouse Constr. Grp., Inc. v. 5891 SW 64TH St., LLC., 949 So. 2d 1095 (Fla. 3d DCA 2007)…KP Dev., Inc., 654 So. 2d 1241, 1242 (Fla. 3d DCA 1995) (finding that contractor waived its arbitration rights by filing a complaint without simultaneously requesting a stay and an order compelling arbitration); Bon [*1101] ner v. RCC Assocs., Inc., 679 So. 2d 794, 795 (Fla. 3d DCA 1996) (finding that the contractor waived its arbitration rights by filing a complaint and seeking judicial resolution of the dispute, without simultaneously requesting a stay and an order compelling arbitration). Thus, we conclude…
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Frontage Rd. P'rs, LLC v. McMULLEN, 934 So. 2d 629 (Fla. 2d DCA 2006)…ourt for specific performance of a real estate sales contract in which it was the buyer. Along with its complaint, Frontage Road Partners also filed a notice of lis pendens. We agree with our sister court’s opinion in Bonner v. RCC Associates, Inc., 679 So. 2d 794 (Fla. 3d DCA 1996), that a plaintiff waives a contractual right to arbitrate by filing a complaint and a notice of lis pendens without simultaneously requesting a stay and an order compelling arbitration. Frontage Road Partners argues that it had…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hardin Int'l, Inc. v. Firepak, Inc., 567 So. 2d 1019 (Fla. 3d DCA 1990)
- Lloyd and Nikki Hough v. JKP Dev., Inc., 654 So. 2d 1241 (Fla. 3d DCA 1995)