Lowe Constr. & Dev., LLC v. Hudgins, A24A1647, 2024 WL 4797789 (Ga. Ct. App. Nov. 15, 2024)
A developer entered into a construction and sales contract with two adjacent landowners. After construction completed for the plaintiff-landowner, the developer constructed the adjacent building. According to the plaintiff-landowner, the building on the adjacent property encroached onto the plaintiff-landowner’s property.
Both agreements contained an arbitration clause, stating: “All claims arising out of or relating to this Agreement or the alleged acts or omissions of any or all the parties hereunder shall be resolved by arbitration . . . .”
When the developer moved to arbitrate the matter, the plaintiff-landowner objected, arguing that since the construction at issue was for the neighboring property, the arbitration clause in the plaintiff-landowner’s contract did not apply.
On appeal, the court disagreed because the arbitration clause was broad enough to encompass the dispute, and the court must resolve any doubts in favor of arbitration.
