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NEW PUEBLO CONST., INC. v. LAKE PATAGONIA REC. ASSOCIATION, INC.

No. 2 CA-CIV 781.

12 Ariz. App. 13 (1970)

467 P.2d 88

NEW PUEBLO CONSTRUCTORS, INC., an Arizona corporation, Appellant, v. LAKE PATAGONIA RECREATION ASSOCIATION, INC., a nonprofit Arizona corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 4, 1970.

Review Denied June 2, 1970.

Attorney(s) appearing for the Case

Robertson & Pickett, P.C., by Peter Johnson, Tucson, for appellant.

John S. Schaper, Phoenix, Karam & Martin, by Nasib Karam, Nogales, for appellee.

HOWARD, Chief Judge.

On September 25, 1967 the appellee, hereinafter referred to as Lake Patagonia or the Owner, and the appellant, hereinafter referred to as New Pueblo or the Contractor, entered into a contract for the construction of a dam on Sonoita Creek in Santa Cruz County, Arizona.

Paragraph 26 of the contract provides in part as follows:

"ADJUSTMENT OF DISPUTE. All questions or controversies which may arise between the Contractor and the...

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