Dunn Industrial Group, Inc., Dunn Industries, Inc., Respondents v. City of Sugar Creek, Missouri…

Summary

The court held that Lafarge's contract claims against Dunn Industrial Group, Inc. were subject to arbitration and that the equitable mechanic's lien statutes did not displace the parties' arbitration agreement. The October 2000 change order preserved, rather than rescinded or modified, the broad arbitration clause. Lafarge could enforce the guaranty against Dunn, but Dunn had not agreed to arbitrate because the guaranty did not incorporate the construction contract's arbitration provision. The appeal concerning a stay of litigation was dismissed as moot, while the remaining judgment was affirmed in part, reversed in part, and remanded.