TITLE

CONSTRUCTION--GOVERNMENTAL PARTY--VALIDITY OF AGREEMENT--IDAHO

PUB. DATE
March 1984
SOURCE
Arbitration Journal;Mar1984, Vol. 39 Issue 1, p71
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article reports an Idaho federal court decision in the case "Bingham City Commission v. Interstate Electric Co." According to the decision, because no statutory prohibition exists against agreements by governmental entities in Idaho to submit disputes to binding arbitration, the county's defense that it was statutorily prevented from entering into such a contract had no merit. Bingham County hired Design West, as its architect, and Christiansen Bros., as its project manager, for the remodeling and expansion of the county hospital. Acting as its own contractor, the County subcontracted with interstate Electric for all electrical work on the project. Delays in project completion ensued, resulting in cost overruns. The parties met and Interstate presented its claims against the County, and the claims were denied.
ACCESSION #
17294908

 

Related Articles

  • CONSTRUCTION--APPEALABLE ORDERS--ARBITRABILITY--GOVERNING LAW--FEDERAL JURISDICTION.  // Arbitration Journal;Jun83, Vol. 38 Issue 2, p77 

    The article presents information on a U.S. court judgment in the case "Moses H. Cone Memorial Hospital versus Mercury Construction Corp." According to the decision, the District Court abused its discretion in granting a stay of the federal court proceedings pending resolution of the issue of...

  • CONSTRUCTION -- CONDITION PRECEDENT -- TIMELINESS -- DEMAND FOR ARBITRATION.  // Arbitration Journal;Sep76, Vol. 31 Issue 3, p216 

    The article focuses on the decision given by a U.S. court in the lawsuit Niagara Mohawk Power Corp. v. Perfetto & Whaten Construction Corp., in the year 1976. The court held that where a construction contract clearly required that written decision by project architect resolving contract disputes...

  • CONSTRUCTION -- VACATUR OF AWARD -- ARBITRATOR DISCLOSURE -- SEQUESTRATION OF WITNESSES.  // Arbitration Journal;Sep76, Vol. 31 Issue 3, p222 

    The article focuses on the decision given by a U.S. court in the lawsuit McKinney Drilling Co. v. Mach I Limited Partnership, in the year 1976. The court held that the lower court's action in vacating an arbitration award was supported by evidence that the arbitrator failed to dispose of a...

  • CONSTRUCTION--VALIDITY OF AGREEMENT- PROCEDURE--IDAHO.  // Arbitration Journal;Mar1984, Vol. 39 Issue 1, p71 

    The article reports an Idaho federal court decision in the case "Loomis Inc. v. Cudahy." According to the decision, a trial court's finding of the existence of a valid and enforceable agreement to arbitrate will not be overturned lightly. Moreover, an award will not be vacated absent sufficient...

  • Judgment Call: December 3 2012.  // Lawyer (Online Edition);12/3/2012, p27 

    The article reports offers information on judgement of cases on December 3, 2012. While a judge had to have a reasoned or rational basis for a decision, on issues of quantum as on other issues, he was not confined to figures contended for by the experts. In Turville Heath Inc v Chartis Insurance...

  • CIVIL RIGHTS CLAIM -- ARBITRATION IS NOT A WAIVER OF TRIAL DE NOVO.  // Arbitration Journal;Jun76, Vol. 31 Issue 2, p144 

    This article focuses on a court decision related to civil rights of employees. The fact that a discharged employee's "unjust discharge" complaint resulted in a decision by the arbitrator in favor of the employer did not preclude the Michigan Civil Rights Commission from instituting proceedings...

  • CONSTRUCTION -- STAY OF ARBITRATION DENIED -- CONDITION PRECEDENT -- BROAD ARBITRATION CLAUSE -- DISCLOSURE UNDER N.Y.C.P.L.R. 3102(c) AND C.P.L.R. 7505.  // Arbitration Journal;Jun74, Vol. 29 Issue 2, p136 

    This article discusses on the failure to observe a condition precedent applicable to the work or to an interpretation of the contract documents. The broad arbitration clause provided that two types of disputes must first be referred to the architect; namely, those relating to the execution or...

  • CONSTRUCTION--ARCHITECT DECISION--ENFORCEMENT OF AWARD--AIA DOCUMENT--ARCHITECT HELD TO ACT AS AN ARBITRATOR.  // Arbitration Journal;Jun78, Vol. 33 Issue 2, p54 

    The article informs that a U.S. court has held that an architect's decision was enforceable as an arbitration award, where a determination by the architect states that it was final but subject to appeal but the demand for arbitration was not made within the required 30-day time period. Pursuant...

  • CONSTRUCTION--ARBITRATOR AUTHORITY- TIMELINESS--WYOMING.  // Arbitration Journal;Mar1984, Vol. 39 Issue 1, p69 

    The article reports a Wyoming federal court decision in the case "T&M Properties v. ZVFK Architects and Planners." According to the decision, the arbitrator did not exceed his authority by rendering an ex parte award where the losing party was duly served with a demand for arbitration. In...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics