Elec-Trol, Inc. v. C. J. Kern Contractors, Inc.

MARTIN (Robert M.), Judge.

Plaintiff assigns as error the entry of summary judgment for the defendant and the third-party defendant. It argues that where the parties have not agreed that the architect’s decisions are final, the subcontractor may bring an action for payment of certain accepted change order work when changes were ordered by the contractor and the architect either failed to rule on the change order requests or ruled erroneously.

In support of this argument the plaintiff relies on three theories, the first of which is that the contract and subcontract do not provide that the…