Motion,Ex Parte: Elr Construction Llc VS Brandon Sykes , defendant, et al

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                                ELECTRONICALLY FILED - 2023 Sep 20 3:29 PM - LEXINGTON - COMMON PLEAS - CASE#2023CP3203471
STATE OF SOUTH CAROLINA                           ) COURT OF COMMON PLEAS FOR THE
                                                  )
COUNTY OF LEXINGTON                               ) THE ELEVENTH JUDICIAL CIRCUIT
                                                  ) CIVIL ACTION NO.: 2023-CP-32-03471
ELR Construction LLC                              )
                                                  )
                   Plaintiff,                     )
       vs.                                        ) MOTION TO STAY PROCEEDINGS AND
                                                  )        COMPEL ARBITRATION
Brandon and Courtney Sykes,                       )
                                                  )
                   Defendants.                    )
                                                  )

       Plaintiff, ELR Construction LLC (“ELR”), by and through its undersigned counsel,

respectfully submits its Motion to Stay Proceedings and Compel Arbitration pursuant to the South

Carolina Uniform Arbitration Act ("SCUAA"), South Carolina Code § 15-48-20, and §§ 3 and 4

of the Federal Arbitration Act (the "FAA"), 9 U.S.C. § 1 et seq.

       In support of its Motion, Plaintiff would respectfully show as follows:

       1.      Defendants voluntarily entered into a contract with ELR which contains a binding

arbitration provision. A true and accurate copy of that contract is attached hereto as Exhibit A.

       2.      That arbitration provision states, in relevant part,

               All claims, disputes and other matter in question arising out of or relating to this
               Contract or the performance or breach thereof, shall be decided by arbitration in
               accordance with the Construction Industry Arbitration Rules of the American
               Arbitration Association then in effect, unless the parties mutually agree otherwise. This
               agreement to arbitrate shall be specifically enforceable under the prevailing arbitration
               law. All arbitration proceedings between the Owner and Contractor shall be conducted
               in Columbia, South Carolina unless the parties mutually agree otherwise. Demand for
               arbitration shall be made within a reasonable time after the claim, dispute or other
               matter in question arises, but in no event shall it be made after the date when institution
               of legal or equitable proceedings based on such claim, dispute or other matter in
               question would be barred by the applicable statute of limitation.

               Contract ¶ 10., Pages 5-7.

       3.      The arbitration provision in ELR’s Contract is applicable to the claims asserted by

ELR and any claims which may be asserted by the Sykes arising out of the Complaint.
                                                                                                      ELECTRONICALLY FILED - 2023 Sep 20 3:29 PM - LEXINGTON - COMMON PLEAS - CASE#2023CP3203471
         4.       The South Carolina Uniform Arbitration Act (“SCUAA”) and the Federal

Arbitration Act (the “FAA”) both mandate a stay of legal proceedings if an agreement between the

parties contains a binding arbitration provision. See 9 U.S.C. § 3; South Carolina Code Ann. § 15-

48-20.

         5.       ELR hereby demands and is entitled to arbitration on all claims asserted or which

may be asserted pursuant to its Contract with the Sykes.

         ELR reserves the right to file a memorandum of law to the Court in advance of any hearing

on this matter.


                                               FINKEL LAW FIRM LLC


                                               s/ Dylan R. Glick___________
                                               Dylan R. Glick (SC Bar #: 105210)
                                               Post Office Box 1799 (Mailing Address)
                                               1201 Main Street, Suite 1800 (Physical Address)
                                               Columbia, South Carolina 29202
                                               Email: dglick@finkellaw.com
Columbia, South Carolina                       Phone: (803) 765-2935
September 20, 2023                             Attorney for the Plaintiff