F J Siller & Co. v. City of Hart

The Court of Appeals found a contract provision that arbitration as a "condition precedent” to the filing of a court action does not preclude the commencement of an action inconsistent with the arbitration award. We disagree and, pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, reverse the Court of Appeals.

The defendant City of Hart needed sewage treatment facilities. Plaintiff agreed to perform the necessary work. The contract contained this language:

"Both parties to this contract agree that as conditions precedent to the filing of an action in any court involving the amount or…