W.G. & ASSOCIATES, LLC v. A. ALEEM CONSTRUCTION, INC.


33 A.D.3d 387 (2006)

821 N.Y.S.2d 754

W.G. & ASSOCIATES, LLC, Appellant, v. A. ALEEM CONSTRUCTION, INC., Respondent.

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

Decided October 10, 2006.


The condition precedent to arbitration requiring a decision by the project architect on all claims "arising prior to the date final payment is due" is inapplicable, since the claim here was made after final payment became due, i.e., after the architect had approved petitioner's final request for payment. Petitioner's other claims were improperly advanced for the first time either on reargument (see William P. Pahl Equip. Corp. v Kassis, 182 A.D.2d...

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