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MCC DEVELOPMENT CORPORATION v. PERLA

4239, 101141/06, 4239A.

81 A.D.3d 474 (2011)

916 N.Y.S.2d 102

MCC DEVELOPMENT CORPORATION, Appellant, v. DANIEL PERLA et al., Respondents.

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

Decided February 10, 2011.

Pursuant to paragraph 4.4 of the contract, "[c]laims . . . shall be referred initially to the Architect for decision" and the "initial decision by the Architect shall be required as a condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner." Pursuant to paragraph 4.5.1, "[a]ny Claim arising out of or related to the Contract . . . shall, after initial decision by the Architect . . . be subject to mediation as a condition precedent...

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