Kuhn v. Diamond State

Summary

Plaintiff, Kuhn Construction, was awarded a $10 million+ contract for wharf construction from DSPC, a mixed private/gov't entity. Kuhn Construction claims that, due to faulty architectural plan data, they had to incur additional construction costs beyond the amount awarded in the original contracts. Defendants claim dispute must be resolved in arbitration rather than in the Chancery Court.

Case Overview: Kuhn Construction Company submitted the lowest bid to reconstruct a wharf for Diamond State Port Corporation, but later disputed construction and engineering plans. When DSPC’s executive director asserted that their contract’s referee clause allowed him to arbitrate disputes between the parties, Kuhn sued to enjoin arbitration. The Vice Chancellor granted DSPC’s motions to dismiss and compel arbitration.

http://courts.delaware.gov/Opinions/(a03zbrbtayfx2q45q5qhlw45)/download.aspx?ID=134920