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200 LEVEE DRIVE ASSOC. v. BOR-SON BLDG.

No. C5-89-6.

441 N.W.2d 560 (1989)

In re the Matter of the Arbitration Demand of 200 LEVEE DRIVE ASSOCIATES, LTD., Appellant, v. BOR-SON BUILDING CORPORATION, Respondent.

Court of Appeals of Minnesota.

June 13, 1989.

Attorney(s) appearing for the Case

William J. Mavity, James G. Ryan, Mavity & Ryan, Minneapolis, for appellant.

John Patterson, Ronald E. Martell, Moore, Costello & Hart, St. Paul, for respondent.

Heard, considered and decided by HUSPENI, P.J., and NIERENGARTEN and CRIPPEN, JJ.

OPINION

HUSPENI, Judge.

200 Levee Drive Associates, Ltd. appeals from a trial court order staying arbitration due to an untimely demand. We affirm in part and remand.

FACTS

In January 1980, the parties entered into a standard construction contract for the erection of an apartment building. Appellant 200 Levee Drive Associates, Ltd. (Levee) was the developer and respondent Bor-Son Building Corporation (Bor-Son) was the general contractor...

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