In summary. a. Owner 1 and Owner 2 fell out over a boundary; b. The Owners mediated, and came to a settlement agreement. The settlement agreement was that the mediator would select a land surveyor who would determine the boundary position. Both Owners would be bound by this determination; c. For many reasons, Owner 2 was dissatisfied with the surveyor’s determination and refused to follow it; d. The claim was issued by Owner 1. A preliminary issue arose, as to whether the Owners were bound by the surveyor’s determination. This would require interpretation of the settlement agreement.
Appears in 2 contracts
Sources: Boundary Agreement, Boundary Agreement