No. If a homeowner and builder are in a construction dispute that has a binding arbitration provision, then any attempt to bring a subcontractor into the arbitration will void the arbitration agreement since the subcontractors were not a party to the original construction agreement. This raises a number of other issues. It apparently means that the contractor is going to be involved in both an arbitration with the owner and a civil trial with the subcontractors. This produces twice the legal costs. What if the contractor and the owner have one arbitration agreement, and the builder and the subcontractors have a separate arbitration contract - can you force them both to arbitrate at the same time? I'm not sure we know the answer to that question. Of course, the parties can always agree to arbitrate, regardless of what the contract says. (See the recent decisions of University Heights v. Pineville Forest).
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