2018).ĥ Specifically, t Subcontract Agr (Dkt. Ormed the contract between Bedeschi and Vezer because the Parties never negotiated a formal subcontract to supplant their initial agreement.Ĥ with the terms of the offer (3) a meeting of the minds (4) each party s consent to the terms and (5) ex Huckaba v. Bedeschi contends that it never accepted the portion marked See (Dkt. But the Parties dispute the scope of the Proposal. 09, which is incorporated by reference in the Letter of Intent. The Parties also agree that the contract is comprised of two documents: (1) the AugLetter of Intent between Bedeschi and Vezer and -199-DAD Rev. The Parties agree that Texas contract law applies. Bedeschi Agreed to the Terms and Conditions The first inquiry in the two-step analysis is whether the Parties entered into a valid arbitration agreement. THE PARTIES ENTERED INTO AN ARBITRATION AGREEMENTġ. Here, there is no indication that the second step was delegated.Ī. When the court determines that both steps are satisfied, the action until such arbitration has been had in accordance with the terms of the agreementģ The contract interpretation step may is a matter of contract, the power and authority of arbitrators in an arbitration proceeding is dependent on the. Thus, the party resisting arbitration shoulders the burden of proving that the dispute is not arbitrable Id. If an arbitration agreement is found, deemed arbitrable unless it is clear that the arbitration clause has not included them Polyflow, L.L.C. The second step is also a matter of law for the court to decide. 2008) (collecting cases).Ĭontract interpretation to determine whether this Kubala, 830 F.3d at 201 (emphasis in original). Texas, in line with the United States Supreme Court, favors enforcement of arbitration agreements. This question is governed by state law principles of contract formation and interpretation. Whether the parties entered into any arbitration agreement at all Id. The docket citations herein refer to the lead case, 2:21-CV-00164, unless otherwise indicated.Ģ In Civil Action 2:21-CV-00141, Vezer filed a motion to compel on August 20, 2021, and Bedeschi filed a response on September 10, 2021.Ĭlaims that parties contract to settle i Preston v. Vezer seeks to compel arbitration of this dispute under the Federal Arbitration Act. Bedeschi filed a Response on September 10, 2021. Vezer filed a Motion to Compel Arbitration on August 20, 2021. The Court previously recounted the procedural history of this dispute in its Order Consolidating Cases. Bedeschi counters that it did not pay Vezerįees under their agreement $13,350,685.84. Vezer asserts that it performed more than $6 million of work for which it was not compensated. On August 5, 2020, Bedeschi hired Vezer, the subcontractor, to perform the mechanical, structural, electrical, and concrete work on the plant, (id.), but by June 2021, the relationship between the Parties had soured. 1-2 at 10), 1Įntered into an agreement with steelmaker voestalpine Texas, LLC to build a byproduct handling plant in Portland, Texas. BACKGROUND Bedeschi, a producer of heavy industrial machinery, (Dkt. United States District Court Southern District of TexasĮNTERED JanuNathan Ochsner, Clerk I. For the reasons that follow, the Court GRANTS the motions and STAYS the cases pending arbitration. Vezer has filed a Motion to Compel Arbitration in both suits. Bedeschi and a subcontractor, Machine Repair International LLC d/b/a Vezer Industrial Professionals over their agreement to construct the voestalpine Texas, LLC byproduct handling plant in Portland, Texas. MEMORANDUM OPINION AND ORDER These cases arise out of a dispute between a contractor, Bedeschi America, Inc. MACHINE REPAIR INTERNATIONAL, § LLC D/B/A VEZER INDUSTRIAL § PROFESSIONALS, § § Plaintiff, § § v. 2:21-CV-00164 § MACHINE REPAIR INTERNATIONAL, § LLC D/B/A VEZER INDUSTRIAL § PROFESSIONALS, § § Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXASĬORPUS CHRISTI DIVISION BEDESCHI AMERICA, INC., § § Plaintiff, § §
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