Cusenza

Plaintiffs contracted with a firm of architects and a contracting firm for the construction of a building. The building was completed and, on January 3, 1978, plaintiffs discovered serious defects therein. There arose a dispute as to whether the defects were the result of improper planning by the architects or were the result of improper work by the contractor. Plaintiffs had contracted with the architects and with the contractor in separate contracts both of which contain arbitration clauses. However, the arbitration clause in the architect contract expressly provided that any arbitration could be between the owners and the architects only and specifically barred a three-party arbitration except by express subsequent agreement. The contract with the contractor contained no such limiting provision. Plaintiff served a demand for arbitration on both the architect and the contractor jointly. The architect procured from the superior court a writ prohibiting a joint arbitration hearing. Although the writ was ordered issued, it was not served on the arbitrator for one and one-half years. Plaintiffs then asked the arbitrator to sever the hearings and to proceed first on the…