TITLE

CONSTRUCTION -- CONDITION PRECEDENT -- TIMELINESS -- DEMAND FOR ARBITRATION

PUB. DATE
September 1976
SOURCE
Arbitration Journal;Sep76, Vol. 31 Issue 3, p216
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
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 contain the admonition that such determination was final but subject to appeal in order to commence the running of the 30 day period within which demand for arbitration had to be made, but project architect failed to include such words of finality in letters rejecting the construction company's claims for extra compensation, the court held that the construction company was not bound by the 30-day limitation, and the dispute would proceed to arbitration notwithstanding the construction company's failure to demand arbitration within 30 days of the receipt of the architect's letter.
ACCESSION #
17333785

 

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