Fette v. Peters Construction Co

In this contract dispute, plaintiffs, Daniel Fette and the Berrien County Board of Public Works, appeal as of right from the trial court’s order confirming an arbitrator’s award of approximately $45,300 in favor of defendant. Defendant, Peters Construction Co., cross-appeals from that same order. We affirm.

I. BASIC FACTS

Defendant and plaintiffs entered into a contract for a construction project, which included installing a water main under railroad tracks. During the project, defendant encountered some “unforeseen subsurface conditions” that, according to it, were not anticipated in the…