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STATE OF MICHIGAN
COURT OF APPEALS


JAY B. SCHREIER and MICHELLE H. SCHREIER, Plaintiffs-Appellees, v ARTHUR SOLOMON, Defendant-Appellant.

UNPUBLISHED September 23, 2008

No. 277687 Oakland Circuit Court LC No. 06-079519-CK

Before: Borrello, P.J., and Murray and Fort Hood, JJ. PER CURIAM. Defendant Arthur Solomon appeals by leave granted1 a trial court order denying his motion for summary disposition under MCR 2.116(C)(7) pending resolution of plaintiffs Jay B. and Michelle H. Schreier's motion for summary disposition under MCR 2.116(C)(10) on the issue whether an arbitration provision in a construction agreement is invalid for lack of mutuality of obligation to arbitrate, as well as a trial court order granting summary disposition to plaintiffs on that issue and staying arbitration. We reverse both the trial court's order denying defendant's motion for summary disposition and the trial court's order granting plaintiffs' motion for summary disposition and staying arbitration and remand for entry of an order granting defendant's motion for summary disposition under MCR 2.116(C)(7). I. Facts and Procedural History On October 31, 2003, plaintiffs entered into a standard construction agreement with Southwick Builders. Defendant is president of Southwick Builders and signed the agreement. Under the construction agreement, the builder was to make an addition to and renovation of plaintiffs' home. The agreement contained the following arbitration provision: The owner acknowledges and agrees that any dispute, claim or cause of action of any kind that they may maintain under this Agreement shall be submitted to

1

Schreier v Solomon, unpublished order of the Court of Appeals, entered December 19, 2007 (Docket No. 277687).

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binding arbitration, administered by the Southfield, Michigan office of the American Arbitration Association under its Commercial Arbitration Rules, which shall be submitted to and heard by one (1) arbitrator. Any award rendered by such arbitration shall be binding upon the parties, and a judgment on such award may be entered by the Oakland County Circuit Court as the exclusive court of competent jurisdiction. [Construction Agreement,

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