Southeast Mechanical Corp. v. Board of Education of Carmel Central School District

In November 2003 the plaintiff (hereinafter the contractor) contracted with the defendant to provide heating, ventilation, and air conditioning work in several of the defendant’s buildings. The contract included an alternate dispute mechanism by which the contractor was required to notify the project’s architect, in writing, of any claim within 21 days after it first recognized, or reasonably should have recognized, the condition giving rise to the claim, and provided that compliance with this provision was a condition precedent to litigation being commenced.

An alternate dispute resolution…