City of Lenexa v. C. L. Fairley Construction Co.

Elliott, J.:

C.L. Fairley Construction Company, Inc., (Fairley) appeals from a district court order vacating an arbitration award in Fairley’s favor. We reverse.

In June 1984, Fairley entered into a construction contract with the City of Lenexa. The contract contained three provisions relevant to this appeal. First, under paragraph 9.9 of the contract, an independent project engineer was the interpreter of contract requirements and the judge of performance. All claims, disputes, or other matters relating to the performance of the contract were to be referred to the project engineer for…