Livingston Parish Library System v. Brunt Construction, Inc. ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
LIVINGSTON PARISH LIBRARY NO. 2020 CW 0370
SYSTEM
VERSUS
BRUNT CONSTRUCTION, INC. ET JULY 06, 2020
AL
In Re: Livingstson Parish Library System, applying for
supervisory writs, 21st Judicial District Court,
Parish of Livingston, No. 1. 63585.
BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. The trial court' s December 16, 2019 judgment
denying the relators, Livingston Parish Library System' s (" the
Library"), motion to stay pending arbitration is reversed. The
Library and Brunt Construction, Inc. (" Brunt") agreed to
arbitrate any claims arising out of Brunt' s construction of the
Denham Springs Walker Library Addition & Renovation (" the
project"). The Library and Cockfield Jackson Architects, APAC
CJA") agreed to arbitrate any claims arising out of CJA' s
architectural design and management of the project. The issue
of whether a to an
party arbitration agreement has waived
arbitration is for the arbitrator to decide. International
River Center v.
Johns -Manville Sales Corp., 2002- 3060, p. 3( La.
12/ 3/ 03), 861 So. 2d 139, 142; Arkel Constructors, Inc. v.
Duplantier & Meric, Architects, L. L. C., 2006- 1950 ( La. App. lst
Cir. 7/ 25/ 07), 965 So. 2d 455, 461.
Additionally, by
incorporating the American Arbitration Association' s
Construction Industry Arbitration Rules into the subject
arbitration agreements, the parties agreed that "[ t] he
arbitrator shall have the power to rule on his or her own
jurisdiction, including any objections with respect to the
existence, scope, or of the
validity arbitration agreement."
See Fla. Gas Transmission Company, LLC v. Texas Brine Company,
LLC, 2017- 0304 ( La. Ist Cir.
App. 12/ 6/ 18), 267 So. 3d 633, 637,
reh' g denied ( Jan. 25, 2019), writ denied, 2019- 0333 ( La.
6/ 26/ 19), 275 So. 3d 876; Jasper Contractors, Inc. V. E-
Claim. com, LLC, 2011-- 0978 ( La. 1st
App. Cir. 5/ 4/ 12), 94 So. 3d
123, 134. Accordingly, the Library' s motion to stay is granted
as to the Library' s claims against Brunt, The Gray Casualty &
Surety Company, CJA, XL Specialty Insurance Company, Valley
Forge Insurance Company, and Transportation Insurance Company
pending arbitration of these claims.
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MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT
4`` UTY
FOR
CLERK OF COURT
THE COURT