In a recent ruling by the Court of Appeals of Georgia, Jeff Milliken, the owner of a construction project, appealed against a trial court’s decision favoring C. Merrill Construction, LLC. The court had entered a final money judgment of $100,827.96 against Milliken following his confession of judgment. Milliken argued that the trial court erred in denying his motion to compel arbitration and dismiss the case while granting the contractor’s motion to stay arbitration and awarding attorney fees.
The dispute originated from a construction contract signed on January 6, 2021, which included an arbitration clause for resolving disputes. The contractor filed suit on October 7, 2022, alleging breach of contract due to unpaid invoices totaling over $48,000 and additional claims for repairs and interest. Milliken responded with a motion to compel arbitration on January 5, 2023.
The appellate court reversed the trial court’s denial of Milliken’s motion to compel arbitration and its grant of the contractor’s motion to stay arbitration. It vacated discovery orders and the final judgment while remanding the case with directions for both parties to submit to arbitration.
The case highlights complexities in contractual dispute resolution clauses and emphasizes the role of arbitration in such matters.
Source: A24A0348_JEFF_MILLIKEN_v_C_MERRILL_CONSTRUCTION_LLC_Opinion.pdf
