Monty Montgomery and Graham Neeley were successful in appealing an Order entered by the Circuit Court of Baldwin County, which had denied a homebuilder’s Motion to Stay a pending civil action in that court and compel arbitration of the plaintiffs’ claims.
The issue on appeal involved a home purchase agreement containing an arbitration clause with a delegation provision. The plaintiffs resisted arbitration and asserted a provision in a 10-year limited warranty allowing judicial resolution of warranty claims made by homeowners with FHA mortgages. In holding that the home purchase agreement’s delegation provision was valid and evidenced a clear and unmistakable intent of the parties to submit issues of arbitrability to the arbitrator, the Alabama Supreme Court reversed and remanded the case with instructions that the homebuilder’s Motion to Stay and Compel Arbitration be granted and plaintiffs’ claims compelled to arbitration.
Congratulations to Monty Montgomery and Graham Neeley!
Monty Montgomery represents developers, general contractors, and numerous trade contractors in lawsuits ranging from single family residential defect claims to multi-million dollar commercial defect and development claims. In addition to his construction defect litigation practice, he defends serious injury and death cases throughout Alabama.
Graham Neeley is an associate in the Montgomery office and practices in the areas of workers’ compensation defense, personal injury defense, premises liability defense, government tort liability, civil rights defense, construction law, and auto accident defense.
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