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CITY OF LENEXA v. C.L. FAIRLEY CONSTR. CO., INC.

No. 65,231

15 Kan. App. 2d 207 (1991)

805 P.2d 507

CITY OF LENEXA, KANSAS, Appellee, v. C.L. FAIRLEY CONSTRUCTION COMPANY, INC., Appellant.

Court of Appeals of Kansas.

Petition for reviewed denied April 23, 1991.

Attorney(s) appearing for the Case

Stephen J. Dennis, of Niewald, Waldeck & Brown, of Overland Park, for appellant.

R. Scott Beeler, and Albert F. Kuhl, of Gage & Tucker, of Overland Park, for appellee.

Before BRAZIL, P.J., ELLIOTT, J., and M. KAY ROYSE, District Judge, assigned.

ELLIOTT, J.:

C.L. Fairley Construction Company, Inc., (Fairley) appeals from a district court order vacating an arbitration award in Fairley's favor. We reverse.

In June 1984, Fairley entered into a construction contract with the City of Lenexa. The contract contained three provisions relevant to this appeal. First, under paragraph 9.9 of the contract, an independent project engineer was the interpreter of...

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