(Download) "Modern Construction v. Barce" by Supreme Court of Alaska ~ eBook PDF Kindle ePub Free

May 05, 2021

eBook details

Title: Modern Construction v. Barce
Author : Supreme Court of Alaska
Release Date : January 22, 1976
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

The petition in the case at bar presents a question of contract interpretation which touches upon Alaskas strong public policy in favor of arbitration. The respondent, Barce, Inc., brought an action in the superior court alleging that Modern Construction, Inc. had breached the subcontract into which they had entered. Modern submitted a demand for arbitration and moved to dismiss the action on the ground that the subcontract called for binding arbitration of all disputes. In opposing the motion, Barce maintained that the arbitration clause, found in paragraph 15 of the "General Conditions of the Subcontract," was not a part of the subcontract. This argument was based on two allegations; first, that the General Conditions were not attached to the subcontract at the time it was executed, and secondly, that the General Conditions were not made part of the contract because the parties had not completed a blank in paragraph III of the subcontract. This paragraph contained in the subcontract read: