Bay County Building Authority v. Spence Bros.

362 N.W.2d 739, 140 Mich. App. 182
CourtMichigan Court of Appeals
DecidedOctober 4, 1984
DocketDocket 71340
StatusPublished
Cited by6 cases

This text of 362 N.W.2d 739 (Bay County Building Authority v. Spence Bros.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bay County Building Authority v. Spence Bros., 362 N.W.2d 739, 140 Mich. App. 182 (Mich. Ct. App. 1984).

Opinions

Per Curiam.

Defendants appeal by leave granted from a circuit court order denying their motions for a stay of a consolidated arbitration proceeding and orders for separate arbitrations.

Plaintiff Bay County entered into a contract with defendants Douglas C. Morris and Associates and Wigen, Tincknell & Associates, Inc., for professional architectural services. Bay County assigned the contract to plaintiff Bay County Building Authority on or about July 13, 1976. On July 16, 1976, the building authority and defendant Spence Brothers entered into an agreement for Spence to construct the Bay County Law Enforcement Cen[184]*184ter. Each of the contracts contained clauses which provided for the arbitration of all claims, disputes and other matters relating to the contracts.

On February 20, 1981, plaintiffs filed a complaint in circuit court alleging breach of contract and negligence against Spence, Wigen and Morris. Wigen and Morris filed motions for accelerated judgment, asserting that the court lacked jurisdiction over them because arbitration was the parties’ exclusive remedy pursuant to their contracts.

The court stated that it considered the motions for accelerated judgment to be the equivalent of an "application claiming an agreement to arbitrate” and/or a motion to compel arbitration under GCR 1963, 769.2(1) and (3). The court ordered defendants Wigen, Morris and Spence to arbitrate the dispute and stayed proceedings in the circuit court.

Defendant Morris moved for reconsideration and clarification of the court’s opinion on October 29, 1982. At the hearing on the matter, defendants expressed their concern that plaintiff would move for consolidation of the arbitration proceedings so that those proceedings would involve all of the parties even though there was no contract and no agreement to arbitrate between the architects and the contractor. The judge appeared to hold that his prior order did not require a consolidated arbitration and denied the motion.

On February 18, 1983, plaintiffs filed a single demand for arbitration with the American Arbitration Association (AAA), naming both the architects and the contractor as parties. Defendants Morris and Wigen filed objections to the consolidated proceedings. While AAA acknowledged the objections it notified defendants that it must abide by the court’s order which included Spence Brothers as a party to the arbitration.

[185]*185Defendants Morris and Wigen moved in the trial court for a stay of the consolidated arbitration and an order for separate arbitrations. At the hearing on the motions, the trial court stated that the arbitration should be consolidated to avoid duplication of effort and to promote an expeditious solution to the dispute. The court denied the motions for an order restraining plaintiffs from proceeding with a consolidated arbitration proceeding and denied the motions for a stay of consolidated arbitration proceedings pending an appeal to this Court. On or about May 18, 1983, the AAA acknowledged receipt of the court’s April 29, 1983, order and continued with the administration of the case. Defendants sought to appeal from the April 29, 1983, order by filing an emergency application for delayed leave to appeal, which this Court granted.

The first issue raised by defendants has no merit. Defendants claim that the trial judge erred by denying their motions for accelerated judgment or dismissal. The trial judge acted properly. See GCR 1963, 769.

The central dispute on appeal is the propriety of the trial court’s consolidation of the arbitration proceedings. The court stated that it was "ludicrous” for:

"the position to be advocated that the plaintiff in this case and the bureau of arbitration — or, the panel of arbitration — should have to take a common issue, which is the — this building, which is claimed to have been not properly put together and decide it once on the — between the contractor — between the plaintiff and the builder, the contractor, the general contractor, and then do the whole thing all over again, the same evidence in many many respects duplicated before another set of arbitrators, or even the same set of arbitrators, but to have to duplicate all that ev — evidence and [186]*186testimony again on a case with one of the suppliers that was used by that contractor would seem to not be a result that if a court that had jurisdiction, the court would be able to stand by and be part of as far as separating it and making two proceedings out of it. I don’t think that that would be a proper way to administer justice, especially in view of the court rule, 505.1 * * * But it’s the court rule that allows consolidation of matters in order to save time and money, and to assist in the administration of justice.”

We find that the trial court erred by consolidating the instant arbitration proceedings.

This Court’s decision in J Brodie & Son, Inc v George A Fuller Co, 16 Mich App 137; 167 NW2d 886 (1969), is dispositive. In Brodie, this Court held that the circuit court erred by ordering the consolidation of arbitration proceeding arising out of disputes on a construction project. One proceeding was between the owner (First Federal) and the general contractor (Fuller); the other was between Fuller and six of its subcontractors (plaintiffs). This Court stated:

"These plaintiffs have negotiated their own contract with its separate obligations, duties and liabilities, and are bound by it. There is no privity with the entirely different contract of Fuller and First Federal which has different obligations and liabilities. Plaintiffs are not a party to the proceedings between First Federal and Fuller. There is no basis for intervention or consolidation where there are separate and distinct contracts with different burdens and subject matter, and where the parties and proceedings have no privity or basis in fact.” Brodie, supra, p 144.

In a case involving facts similar to those under our consideration, the Washington Supreme Court stated:

"The trial court found (1) that these multiple disputes [187]*187involve like issues of fact and law, and (2) that consolidation would prevent a multiplicity of proceedings, avoid possible inconsistent decisions, provide convenience for witnesses, and reduce time and expense to the parties.
"It is likely that the above circumstances found by the trial court would make consolidated arbitration proceedings more economical and efficient. That, however, is not the question. The inquiry rather is whether the court had such authority. We hold that it did not.
"Our rationale for denying authority to order consolidation is that arbitration stems from a contractual, consensual relationship. * * *
"* * * The court should not meddle with [the parties’] contractual provisions even though we might fashion a more expedient, efficient and economical remedy. '[A] person can be compelled to arbitrate a dispute only * * * in the manner in which, he has agreed so to do.’
"We are impressed with the analysis of the Alaska Supreme Court in Consolidated Pac Eng’r, Inc v Greater Anchorage Area Borough, 563 P2d 252 (Alaska 1977). That case denied consolidation. The court pointed out that the contracts before it were silent on consolidation, as they are here.

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Bay County Building Authority v. Spence Bros.
362 N.W.2d 739 (Michigan Court of Appeals, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
362 N.W.2d 739, 140 Mich. App. 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bay-county-building-authority-v-spence-bros-michctapp-1984.