In re the Arbitration between George F. Driscoll Co. & New York City Housing Authority

By this petition, petitioners seek to compel respondent to proceed to arbitration. Petitioners are contractors who entered into two contracts for the excavation and foundation work on an extensive housing project for the New York City Housing Authority. The contract calls for arbitration of certain disputes. There is no question that the formalities of procedure under the contract were complied with. The issue on this application is whether a dispute, arbitrable under the contract, exists.

Arbitration is not required unless there is a bona fide dispute. A contract provision which is beyond…