Broward County Port Authority v. Arundel Corporation

RUSSELL, Circuit Judge.

Arundel and Port Authority entered into a written contract by which the former obligated itself to excavate a channel 35 feet deep and 300 feet wide at Port Everglades, Florida, and place the excavated material as provided, in consideration of a stated sum per cubic yard of material excavated and placed. The contract provided that the Port Authority’s engineer would act as ref orce “to prevent all disputes and litigations.” It was agreed:

“ * * * ^hat the said Engineer shall decide all questions, difficulties and disputes, of whatever nature, which may arise relative to…