PITTSBURGH – A Pittsburgh-based dental practice is seeking the Allegheny County Court of Common Pleas to confirm an arbitration award of more than $129,000.00 from a Wexford general contracting and architectural firm.
Drunken Squirrels, LLC (doing business as “Dentistry For Kids”) filed suit in the Allegheny County Court of Common Pleas on June 21 versus Arctecon, LLC.
On or about Jan. 2, 2014, DS and Arctecon entered into a Standard Form of Agreement Between Owner and Design Builder, where Arctecon agreed to provide design and construction services to DS to construct a building housing a dental office for DS. The agreement contained a mandatory arbitration provision, where any disputes between the parties were to be submitted to binding arbitration.
Such a dispute arose between DS and Arctecon with respect to, among other things, “substantial and final completion dates for the project and DS’s entitlement to delay damages, pursuant to the parties’ agreement.” DS then began proceedings before the American Arbitration Association (AAA).
On May 15, the arbitrator issued an award in DS’s favor in the principal amount of $109,369.26, plus administrative fees and costs totaling $4,530.00 and interest at an annual rate of six percent, accruing from Jan. 16, 2015.
DS claims in the more than 30 days which passed since the entry of the arbitration award, Arctecon took no action to contest, modify or vacate the award within that mandated 30-day period to do so. As of June 21, DS claims Arctecon owes it $109,369.26 in a net total award, interest from Jan. 16, 2015 through June 21, 2017 of $15,948.26 and administrative fees of $4,530.00, for a grand total of $129,847.52.
DS now asks for the Court to enter an order confirming the arbitration award in its favor and that the judgment be entered in its favor and against defendant Arctecon, LLC for the full amount of the award, plus interest, costs and such other and further relief as the Court deems appropriate.
The plaintiff is represented by Justin T. Barron of Metz Lewis Brodman Must O’Keefe, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-17-008959
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com