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Bacon Construction Co. v. Dept. of Public Works
State: Connecticut
Court: Supreme Court
Docket No: SC18198
Case Date: 02/02/2010
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

BACON CONSTRUCTION COMPANY, INC. v. DEPARTMENT OF PUBLIC WORKS (SC 18198)
Norcott, Katz, Palmer, Zarella and Bishop, Js. Argued September 9, 2009--officially released February 9, 2010

Timothy S. Fisher, with whom were Brian P. Rice, and, on the brief, Charles D. Ray, for the appellant (defendant). Timothy T. Corey, with whom was Richard F. Wareing, for the appellee (plaintiff).

Opinion

ZARELLA, J. The defendant, the department of public works, appeals1 from the judgment of the trial court granting the application of the plaintiff, Bacon Construction Company, Inc., to confirm an arbitration award for damages relating to a public works contract between the parties and denying the defendant's motion to vacate the award, and from the court's denial of the defendant's motion to dismiss the application to confirm. The defendant claims that the trial court improperly accepted the arbitrator's determination regarding the arbitrability of the plaintiff's claims and, specifically, the arbitrator's interpretation of General Statutes
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