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Contractor Seeks Arbitration In Violation Of Contract, Will Have To Pay

Tuesday, March 04, 2008 02:31 pm

 
Contractor Seeks Arbitration In Violation Of Contract, Will Have To Pay

A state court of appeals reversed an order and confirmed that an owner was entitled to its costs and attorney's fees after prevailing in a suit against a contractor who attempted dispute-resolution measures that did not comply with very specific contract language on the matter.

San Diego Expressway (Expressway) entered into two design-build contracts with Otay River Constructors (Otay) as part of two related highway projects in San Diego County. In a third "coordination"agreement the parties acknowledged that the work on both projects -- one for a gap/connector and one for a toll road -- was independent and that Otay's failure to complete work on the gap/connector project would cost Expressway dearly.

Importantly, each contract included its own dis [...]

 
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