CIVIL PROCEDURE - RULE 24(B)/ARBITRATION - JIM PARKER BUILDING CO., INC. V. G&S GLASS & SUPPLY CO.
In Jim Parker Building Co., Inc. v. G&S Glass & Supply Co., Inc., [Ms. 1090784, Mar. 11, 2011] __ So. 3d __(Ala. 2011), the Supreme Court affirmed in part and reversed in part the trial court's order denying Jim Parker's motion to intervene and to compel arbitration. G&S Glass & Supply Co., Inc., filed a complaint against Western Surety Company under Alabama's Little Miller Act. G&S's claim arose out of a construction project at the University of Alabama in Huntsville. G&S claimed it had not been fully paid for its work on the job. Western Surety provided a payment bond for the project. G&S sought recovery from Western under the bond. Parker, the contractor that failed to pay G&S, filed a motion to intervene and to compel arbitration of all claims between Parker and G&S. The trial court denied Parker's motion. On appeal, the Supreme Court found error in the denial of Parker's motion to intervene because Parker satisfied the requirements of Ala. R. Civ. P. Rule 24(b). Parker filed a timely motion to intervene, there was little prejudice to the other parties, Parker would suffer prejudice if the motion to intervene was not allowed and common questions of facts were involved. Therefore, the Court held that the trial court erred in denying Parker's motion to intervene. In regards to Parker's motion to compel arbitration, the Court held that Parker failed to meet its burden on a motion to compel arbitration since Parker failed to provide any evidence that the transactions between Parker and G&S substantially involved interstate commerce.