This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. The trial court erred in denying appellants' motion regarding the Earthwork Site Preparation and Public Improvements subcontracts because these subcontracts incorporated by reference arbitration provisions of their respective prime contracts. Crahan and Draper III, J.J., concur. The subcontracts relate to excavation and earthwork to be performed at the Murphy Park Public housing project located in the City of St. Louis.
Appellants are the general contractors on different phases of the project.
The provisions of this instrument and the said FHA Supplementary Conditions take precedence over all inconsistent provisions in the said AIA General Conditions. Any provision in said AIA General Conditions whereby the undersigned waive all rights against each other for damages caused by fire and other perils covered by insurance shall be inapplicable. This Contract constitutes the entire agreement between the parties, and any previously existing contract concerning the work contemplated by the Contract Documents is hereby revoked. The contract for construction referenced above was between HBD and MBA Development Corp., the Site Preparation Construction Contract. The contract was entered into on March 20, 1996.