Hot Springs County School District No. 1 v. Strube Construction Co.

715 P.2d 540, 31 Educ. L. Rep. 238, 1986 Wyo. LEXIS 505
CourtWyoming Supreme Court
DecidedMarch 11, 1986
Docket84-250, 84-251
StatusPublished
Cited by14 cases

This text of 715 P.2d 540 (Hot Springs County School District No. 1 v. Strube Construction Co.) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hot Springs County School District No. 1 v. Strube Construction Co., 715 P.2d 540, 31 Educ. L. Rep. 238, 1986 Wyo. LEXIS 505 (Wyo. 1986).

Opinions

ROSE, Justice.

A dispute between Hot Springs County School District No. 1 (School District) and the Strube Construction Company (Strube) as a result of Strube’s providing additional materials not originally called for in the agreement between the parties during the course of construction of a football field and running track in Thermopolis, Wyoming, resulted in the entry of an arbitration award in favor of Strube, in the amount of $71,500, on September 22, 1983. The School District, on October 13, 1983, filed a petition for review, notice of appeal and complaint to vacate the award in the district court. Strube filed a response and a motion to affirm the award on October 21, 1983. The district court entered its judgment confirming the arbitration award on August 28, 1984. Both parties have appealed to this court — the School District from the confirmation of the award and Strube from the district court’s refusal to grant interest on the award from the date it was entered by the arbitrators. We shall affirm the district court’s decision in both instances.

In its appeal, the School District has provided the following identification of the issues:

“1. Was there any agreement to arbitrate and, if so, was it for binding arbitration?
“2. Did the arbitrators lack jurisdiction to hear the matter?
“3. Did the arbitrators' exceed their powers by disregarding the contractual provisions regarding written change orders and notice of their claims?”

In addition, Strube, in its appeal, raises the following issue:

“Whether Strube Construction is entitled to receive interest on the arbitration award from the date of the arbitration award rather than the date the judgment confirming the award was entered.”

In May of 1982, the School District accepted Strube’s bid to perform a portion of the construction work on a project calling for the replacement of an existing quarter-mile dirt track with a synthetic 400-meter track, and installation of a new football field in Thermopolis, Wyoming. The portion of the project awarded Strube included excavation and placement of base materials. During the course of construction, additional materials and labor not originally called for in the parties’ contract were provided by Strube. Some of the additional costs engendered by this additional work were paid for by the School District pursuant to two change orders; however, the School District refused to honor all of the [542]*542requests made by Strube for additional payment, and the present dispute ensued.

For purposes of this opinion, an extensive discussion of the contentions of the parties is not helpful. The primary issues involved in the dispute concerned responsibility of payment for additional fill material provided by Strube at the request of another contractor to install a crowned field instead of a flat field originally called for in the project. The project architect and engineer, Wilkins International, Ltd., determined that these additional costs were not the responsibility of the School District as the additional materials were not called for under the project specifications, and no written change orders for such materials were approved in accordance with the contract procedures. Strube submitted an application for payment for these additional materials, to which the architect/engineer responded on July 9, 1982, by a letter in which Strube was notified that the application for additional amounts would not be paid at that time, and that the architect/engineer recommended to the School District that it make an application for “hearing by and resolution by arbitration.” 1 This decision was confirmed in a letter from the School District’s superintendent to Strube dated July 16, 1982, which provided in part:

“Please consider this letter as our formal written demand for arbitration pursuant to Section 101.16 of the Wyoming Public Works Standard Specifications, 1979 Edition, subject to formal approval by the Board of Trustees at their established meeting of July 21, 1982. Of course your contract with the Board requires you to continue on the job while these items are under arbitration.”

A copy of this letter was not submitted to the American Arbitration Association as required to initiate arbitration proceedings before that group. In any event, Strube did not recognize its contract as incorporating the referenced section of the Wyoming Public Works Standard Specifications which required submissions of disputes to binding arbitration within 30 days, and continued to attempt to negotiate its claims directly with the School District. These negotiations were unsuccessful, and led to the architect/engineer writing a letter on September 21, 1982, terminating the contract “because of multiple violations of and/or breach of contract.” In a follow-up letter dated October 1, 1982, by the architect/engineer, some 25 asserted violations of the agreement by Strube were identified. A reading of this document reflects that relationships between Strube and the architect/engineer had deteriorated as a result of the dispute, and the arehitect/engi-neer was angered by Strube’s attempts to negotiate directly with the School District.

A formal request for arbitration was made by Strube in October of 1982 in letters to the School District and the American Arbitration Association. In the letter to the American Arbitration Association, a copy of which was also sent to the School District, Strube’s attorney noted:

“ * * * Strube Construction has never acknowledged or admitted the Wyoming Public Works Standard Specifications are part of the contract documents in this matter. Strube, however, submits the matter to arbitration voluntarily and in the event the Wyoming Public Works Standard Specifications are found to be applicable the matter would need to be arbitrated. Therefore, in order to get the matter resolved, Strube is submitting to arbitration.” (Emphasis added.)

In response to Strube’s demands for arbitration, the School District, through its at[543]*543torney, in a letter to the American Arbitration Association dated November 10, 1982, opposed the demand for arbitration on the ground that the demand was untimely. In addition, the. School District asserted a counterclaim against Strube and other contractors on the project in the event arbitration was allowed to proceed.

In a second letter, dated December 16, 1982, the School District’s present counsel entered his appearance on its behalf and requested that all further correspondence be directed through his office.2 This letter continued:

“It is my understanding that Strube withdrew its arbitration claim. It is my understanding that the position of the American Arbitration Association is that there is no longer a claim on the part of Strube. We have always claimed that Strube did not file the claim in time and therefore is barred. This becomes particularly true if Strube attempts to reassert the claim.
“The School District intends to proceed against its claims, but nevertheless, against Strube, his mining company as well as Hummer and Arrow [other contractors on the project] and their companies.” (Bracketed material added.)

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Bluebook (online)
715 P.2d 540, 31 Educ. L. Rep. 238, 1986 Wyo. LEXIS 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hot-springs-county-school-district-no-1-v-strube-construction-co-wyo-1986.