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CANON SCHOOL DIST. v. W.E.S. CONSTR. CO.

No. CV-92-0426-PR.

177 Ariz. 526 (1994)

869 P.2d 500

CANON SCHOOL DISTRICT NO. 50, a political subdivision of the State of Arizona, Plaintiff-Appellant, v. W.E.S. CONSTRUCTION COMPANY, INC., an Arizona corporation, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

February 24, 1994.

Attorney(s) appearing for the Case

Favour, Moore, Wilhelmsen, Payette & Schuyler, P.A. by Lance B. Payette, David K. Wilhelmsen, Prescott, for plaintiff-appellant.

Dillingham, Keilp & Cross, P.C. by John L. Dillingham, Phoenix, for defendant-appellee.

Thomas W. Pickrell, Phoenix, for amicus curiae, Arizona School Boards Ass'n, Inc.

Jennings, Kepner & Haug by William F. Haug, Robert O. Dyer, David W. Scanlon, Carolyn M. Kaluzniacki, Phoenix, for amici curiae, American Ins. Ass'n; Arizona Chapter of Associated Builders & Contractors, Inc.; Arizona Contractors Ass'n, Inc.; Arizona Roofing Contractors Ass'n; Associated Gen. Contractors of America, Arizona Building Chapter; Const. Financial Management Ass'n; Nat. Ass'n of Sur. Bond Producers; and the Sur. Ass'n of America.

OPINION

CORCORAN, Justice.

We are asked to determine whether Canon School District No. 50 (School District) is bound by its contractual agreement to arbitrate procurement-related claims brought against it by W.E.S. Construction Company, Inc. (W.E.S.). This issue arises because the administrative rules adopted by the Arizona Board of Education pursuant to A.R.S. § 15-213 purportedly establish an exclusive dispute resolution procedure for asserting procurement...

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