Heiskell v. H. C. Enterprise, Inc.

I would reverse the judgment of the lower court. The major basis for my disagreement with the majority is the belated application of the contractor for arbitration. The difficulty giving rise to this cause of action became known to all in December 1961. After considerable investigation of the cause of the problem, the architect, by letter of August 14, 1962, gave specific written instructions- as to procedure with reference to the defect discovered. No reply by the contractor was made to the architect until October 12, 1962. The contractor’s letter of that date advised that the work directed…