Russell & Gallagher v. Yesler Estate, Inc.

Citations

• 89 Wash. 260
• 154 P. 188
• 1916 Wash. LEXIS 676

Syllabus

<p>Arbitration and Award — Agreement to Arbitrate — Construction —Building Contracts — Decision op Architect — Finality. An architect is not the final arbiter of claims for extras through changes in the plans, or for demurrage on account of delay, under a building contract providing that he shall value and appraise any alteration required and determine the amount to be added or deducted, and that, should any dispute arise respecting the true value thereof, the same shall be arbitrated by appealing to the city superintendent of buildings, whose decision shall be final and binding, that the decision of the architect shall be final in case of disputes as to the work to be done, and providing for demurrage in case of delay “subject to the right of arbitration above mentioned”; and where the arbitrator agreed upon refuses to act, the question is one for the courts, in view of the rule favoring the right to resort to the courts where the intention is doubtful.</p> <p>Appeal — Review—Findings. Findings on conflicting evidence will not be set aside unless the evidence preponderates against them.</p>