NER Construction v. Rechel Stone

A masonry contractor entered into a contract to replace portions of the limestone façade of a downtown Boston building. The replacement pieces were precut to specifications and delivered to the jobsite for installation by an Indiana supplier. A significant number of the stones did not fit properly, resulting in significant work on the jobsite to reconfigure the stones so that they could be installed. Because there was an arbitration provision in the contract, Keith L. Miller brought a claim before the American Arbitration Association seeking reimbursement of the excess costs associated with re-working the stones. The case was fully tried before a single arbitrator who made a significant award to the contractor for the extra work.