MATTER OF ASPHALT GREEN, INC.


210 A.D.2d 21 (1994)

618 N.Y.S.2d 810

In the Matter of the Arbitration between Asphalt Green, Inc., Respondent, and Herbert Construction Company, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 1, 1994


The IAS Court properly determined that respondent Herbert had failed to comply with sections 2.3, 2.4 and 2.5 of the General Conditions to the parties' contract, which required that matters in dispute must first be submitted to the Project Architect as a condition precedent to a demand for arbitration, and that the submission of such claims after the filing of the demand for arbitration did not constitute compliance.

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