Legal Opinion

In re the Arbitration between Liebhafsky & Comstruct Associates, Inc.

New York Court of Appeals

Decided July 5, 1984PublishedCited by 11 opinions

APPEARANCES OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The question presented on this appeal is whether a contractor, whose services have been terminated by the property owner for substantial breach of the contract, must submit his claim for “change order adjustments” to the architect as a condition precedent to arbitration under the “General Conditions of the Contract for Construction” of the American Institute of Architects incorporated in the construction contract. The Supreme Court held that submission to the architect was not required and denied the owner’s application to stay arbitration. The Appellate Division affirmed,…

3Cases cited1 opinion

  1. In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980

4Cited by11 opinions

  1. In re Arbitration between Travelers Indemnity Co. & LevyAppellate Division of the Supreme Court of the State of New York · 1993
  2. Lakeland Fire District v. East Area General Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Tsombikos v. BragerNew York Supreme Court · 1990
  4. In re the Arbitration between Asphalt Green, Inc. & Herbert Construction Co.Appellate Division of the Supreme Court of the State of New York · 1994
  5. In re the Arbitration between Saranac Central School District & Sweet Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

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