Noroton Heights Fire Department v. Vuono-Lione, Inc.
Noroton Heights Fire Department v. Vuono-Lione, Inc.
Opinion of the Court
This is an appeal from a judgment of the Superior Court which denied the plaintiff’s application to stay arbitration proceedings. The case arose from a dispute over the execution of a
The court granted the defendant’s motion that the parties proceed to arbitration of their dispute and denied the plaintiff’s application to stay arbitration proceedings. The plaintiff has appealed, claiming error in the court’s ruling that disputes over floor color and blemishes from defective workmanship are not excluded from the arbitration agreement as matters of “artistic effect.”
The basic question, of course, is whether the contractor properly fulfilled its obligations under the contract, including among the specifications for the work the color achieved by compliance with those specifications. A dispute on these questions is clearly subject to arbitration under the terms of the parties’ agreement while leaving any question as to the “artistic effect” to the decision of the architect.
We find no error in the court’s ruling.
There is no error.
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