TITLE

CONSTRUCTION--VALIDITY OF AGREEMENT- PROCEDURE--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 "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 showing that the arbitrator abused his discretion by refusing to grant a postponement of the hearing where request for adjournment was not made in a timely manner. The defendant contracted with an architect for the design of a home. On the architect's recommendation, the defendant also made an agreement with a contractor for the home's construction. This contractor subsequently defaulted, and Loomis was engaged by the performance bond insurer to complete the home. Loomis' final bill was not paid, however, and it obtained a mechanic's lien on the property, which it attempted to foreclose. Arbitration was sought and granted, pursuant to the contract.
ACCESSION #
17294913

 

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