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Seither & Cherry Co. v. Ill. Bk. Building Corp.

OPINION FILED APRIL 9, 1981.

SEITHER & CHERRY CO. ET AL., PETITIONERS-APPELLEES,

v.

ILLINOIS BANK BUILDING CORPORATION ET AL., RESPONDENTS-APPELLANTS



APPEAL from the Circuit Court of Adams County; the Hon. RICHARD F. SCHOLZ, JR., Judge, presiding.

MR. JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:

Rehearing denied May 12, 1981.

Arbitration.

Award to petitioners.

After two years under advisement, the trial court affirmed the award.

We affirm them both.

The players in this drama and their respective roles are as follows:

Quincy-Peoples Savings & Loan Association — the respondent in this action upon whose property the construction work was performed;

Illinois Bank Building Corporation — a respondent who held a construction management contract with Quincy-Peoples;

Seither & Cherry Company — a petitioner who was responsible for the plumbing and ventilation portions of the remodeling project;

Brown Electric Construction Company — a petitioner responsible for the electrical work on the project;

Heidbreder Brothers Insulation Service, Inc. — a petitioner responsible for the installation of acoustical ceiling; and

PALCO Insulation and Sales (not a party to this action), who performed the insulation of piping, plumbing and air ducts.

FACTS

On July 23, 1975, Seither, Brown, and Heidbreder demanded arbitration of their claims for monetary damages against Quincy-Peoples and Illinois Bank. According to the demands, petitioners suffered monetary damages when respondents unreasonably delayed completion of the construction project.

One week later, respondent Quincy-Peoples notified the American Arbitration Association that it did not consent to arbitration and that it felt it had no agreement with the petitioners to arbitrate disputes. On August 11, 1975, the AAA, through petitioners' attorney, responded that Quincy-Peoples submitted to arbitration through its agreement with Illinois Bank, which incorporated Illinois Bank's contracts with the petitioner-subcontractors. On August 13, 1975, Quincy-Peoples again denied it was subject to ...


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