Foley Co. v. Grindsted Products

The opinion of the court was delivered by This is a dispute between plaintiff subcontractor, Foley Company, and defendant general contractor, Niro Atomizer, Inc., concerning the confirmation of an arbitration award by the district court. Defendant Niro appeals from the judgment of the district court confirming and refusing to vacate the arbitration award entered in favor of plaintiff Foley. Niro entered into a general construction contract with defendant Grindsted Products, Inc. (which is not a party to this appeal), whereby Niro was to construct a chemical processing facility on premises located in Olathe, Johnson County, Kansas, and leased to Grindsted by defendant Johnson County Airport Commission (also not a party to this appeal). Subsequently on July 5, 1979, Niro entered into a subcontract with Foley whereby Foley was to perform various piping and pipeline portions of the general [233 Kan. 340]