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,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.