Brink v. Allegro Builders, Inc.

Prom an order in favor of defendant, denying plaintiffs’ application for the confirmation of an arbitration award, plaintiffs appeal.

Facts: Plaintiffs and defendant entered into a written contract in which defendant agreed to build a house on a lot owned by plaintiffs. Clause 26 of the contract reads, in part: “The following specified items are the sole responsibility of the Owner, and all charges or costs incurred shall be paid by the Owner over and above the contract price.

“(a) Grading of lot for level building site, removing all trees, debris, and other obstructions prior to start of…