TX STATETexas Court of Appeals, 14th District (Houston)
2015

Southwinds Express Construction v. D.H. Griffin of Texas, Inc.

Texas Court of Appeals, 14th District (Houston) • Decided 2015Enforced

HOLDING

Southwinds Express Construction disputed payment with D.H. Griffin of Texas over work scope changes. The parties had an arbitration clause in their contract requiring disputes to go to arbitration instead of court. The arbitrator ruled against Southwinds, and when Southwinds appealed to the trial court, the court upheld the arbitrator's decision. This matters because it shows courts will enforce arbitration awards even when subcontractors disagree with the outcome.

KEY FINDINGS

Pay-When-Paid

Arbitration clauses are binding and enforceable—you cannot escape them by going to court if both parties agreed to arbitrate disputes

Dispute Resolution

Oral changes to your scope of work are still covered by arbitration clauses, so disputes over verbal agreements will go to arbitration, not litigation

FULL COURT OPINION