Medcom Contracting Services, Inc. v. Shepherdsville Christian Church Disciples of Christ, Inc.
Court of Appeals of Kentucky · 2009-06-26 · cited 4×
The case concerned contracts between a church (SCC) and an architect (Nolan) and contractor (Medcom) for a building addition that included arbitration clauses for disputes. After SCC initiated arbitration alleging design and construction defects, the arbitrator canceled the proceedings with prejudice due to nonpayment of fees, leading the AAA to close the file. SCC then filed suit in circuit court for breach of contract and negligence, prompting Medcom and Nolan to counterclaim for confirmation of the arbitration award and move for summary judgment on res judicata grounds. The circuit court denied the summary judgment motions and dismissed the counterclaims, and the appeals court affirmed, holding that the arbitration termination was not a merits decision and thus lacked preclusive effect, while the denial of summary judgment was interlocutory and not appealable.