Reviewed September 7, 2026.
Staviski v. Christa Construction, Inc., 124 AD3d 1126 (2015), involved a drywall subcontract and a separate mold-remediation contract. The dispute on this appeal concerned the drywall subcontract and the contractor representative's allocation of mold-related responsibility.
The subcontract allowed the representative to decide disputes, but also permitted judicial review under its stated standard, including gross error evidencing bad faith. The Third Department affirmed denial of summary judgment because factual questions remained about the determination. Finding disputed facts did not establish that the representative necessarily had a rational basis.
Identify the agreed review process
The court distinguished this contract's review provision from the narrower review ordinarily applied to arbitration awards under CPLR article 75. It did not hold that every private ADR decision receives unrestricted judicial review, or decide the ultimate allocation of mold liability.
Before signing, identify the decision maker, any relationship to a party, the procedure for presenting evidence, the scope of review and objection deadlines. During a dispute, preserve submissions and communications that bear on the decision and any asserted interference.
Kushnick Pallaci PLLC assists clients throughout New York with construction arbitration and dispute resolution. Contact 631-752-7100 or vtp@kushnicklaw.com.
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