United States Eighth Circuit

USA for the use of Lighting and Power Servs., Inc.v. Interface Constr. Corp., 07-3678

In a suit to recover for unpaid labor and materials furnished during the renovation of a federal building, denial of motion to compel arbitration is affirmed where: 1) the issue of arbitrability was correctly decided by the court; 2) plaintiff asserted a Miller Act claim, and not a breach of contract claim; 3) an ambiguous statement referring to an attached contract cannot be construed as plaintiff's express agreement to arbitrate future Miller Act claims; and 4) defendant was not entitled to equitable estoppel since plaintiff may pursue a Miller Act claim against the bonding company without regard to plaintiff's fault.

Appellate Information

• Decided 01/29/2009
• Published 01/29/2009

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and PIERSOL, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joshua Michael Avigad, Michael P. Stephens, St. Louis, MO, for appellant.


• For Appellees:
  
• Joseph C. Blanner, St. Louis, MO, for appellee.