Architect’s Decision Final where Contractor Failed to Satisfy Arbitration Filing Requirements
Arbitration,Contract Procedural Requirements,Finality of Architects Decision,Notice Requirements
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Where a contractor failed to comply with arbitration notice and filing requirements, the architect’s decision became final and binding, and the contractor had no further recourse to arbitrate or litigate its dispute with a homeowner. The AIA form contract that was at issue in the case of Martel v. Bulotti, 65 P.3d 192 (2003), provided [...]
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Contractor Not Bound By Architect’s Decision on Claim
Arbitration,Change Orders,Disputes Provisions,Finality of Architects Decision
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Contracts between owners and contractors often state that the contractor must submit any claim to the architect for final determination. Most contracts state that this must be done as a condition precedent to further review by a dispute resolution board or a court. But some contracts purport to eliminate any right of the contractor to [...]
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