TITLE

CONSTRUCTION--ARCHITECT DECISION--ENFORCEMENT OF AWARD--AIA DOCUMENT--ARCHITECT HELD TO ACT AS AN ARBITRATOR

PUB. DATE
June 1978
SOURCE
Arbitration Journal;Jun78, Vol. 33 Issue 2, p54
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
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 to Paragraph 2.2.6 et seq. of the AIA document, the parties submitted their dispute to the architect for decision. The architect, after a number of meetings with the parties, made an award in favor of the plaintiff. The architect's decision stated that it was final but subject to appeal. Under paragraph 2.2.11 if a decision of the architect states that it is final but subject to appeal, arbitration must be demanded within 30 days after delivery of the decision. Failure to demand arbitration within the 30 day period will result in the architect's decision becoming final and binding. In this case, no such demand was made. Plaintiff sought to enforce the award but defendant objected on the ground that it had never appeared in a meeting for the purpose of issuing an arbitration award. The trial court sustained defendant's motion for summary judgment and held that the architect was not aware that he was acting as an arbitrator.
ACCESSION #
17324157

 

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