A hearing was held on September 10, 1999. Appellants raise one point on appeal. Appellants argue the trial court erred in denying their motion to stay litigation pending arbitration. Appellants argue the three subcontract agreements between the parties included enforceable arbitration agreements by incorporating the general conditions to the respective prime contracts, including a written arbitration provision. Our standard of review is essentially de novo.
Courts favor and encourage arbitration proceedings.
A court must stay litigation if it determines that the parties agreed to arbitrate. We must determine whether the parties agreed to arbitrate. Trantham v. Old Republic Ins. Jim Carlson Const. In the case at bar, with regard to the Tot Lot and Playground Equipment Construction subcontract, appellants claim that the prime contract between HBD and Vaughn Associates, L.P., was actually formed on or prior to February 1, 1996.