175 Conn. 197 | Conn. | 1978
The plaintiff brought this action in the Superior Court in Hartford County seeking interest allegedly due on an arbitration award. On that issue the court found in favor of the defendant, and from its judgment the plaintiff has appealed.
The facts, as stipulated to by the parties and found by the court, are as follows: On April 4,1966, the parties entered into a contract whereby the
By agreement, the award was resubmitted to the arbitrators with direction that it be broken down into more detailed figures, the parties agreeing that the effective date of the award would continue to be May 19, 1970. Once the award was itemized, the matter was referred to a state referee who, exercising the powers of the Superior Court, rendered judgment on July 16, 1971, confirming the award. The defendant appealed and, on March 23, 1973, that judgment was affirmed. Norwich Roman Catholic Diocesan Corporation v. Southern New England Contracting Co., 164 Conn. 472, 325 A.2d 274.
On May 11,1973, the defendant paid the principal of the judgment plus interest from the date of the referee’s judgment confirming the award. The defendant did not pay any interest on the principal from May 19, 1970, the date of the arbitrators’ award, to July 16, 1971, the date of the Superior Court judgment. The plaintiff brought this action to recover interest for this, 'and from a judgment in favor of the defendant he has appealed.
The plaintiff’s claim is based upon a provision of the contract, which is comprised of the American Institute of Architects document forms A101 and A201, and the specifications and drawings. Article
It is clear that the plaintiff seeks to have this court interpret its contract with the defendant. Ordinarily, this court will not interpret a contract submitted to arbitrators. In this case, however, the issue raised was not one within the original submission to the arbitrators, but rather one based upon an issue which arose after the award was made— that is, a claim for interest on an award after the award was made, but before it was confirmed by a court judgment. Under these particular circumstances, the appeal is considered.
In interpreting the language of a contract, it is the intention of the parties, “which must be gathered from the language of the instrument in light of the circumstances existing at the time of its execution, [which] is controlling.” Collins v. Sears, Roebuck & Co., 164 Conn. 369, 373, 321 A.2d 444. The contractual terms are to be given their ordinary meaning and when the intention conveyed is clear and unambiguous, there is no room for construction. See, e.g., Whitaker v. Cannon Mills Co., 132 Conn. 434, 440, 45 A.2d 120.
There is no error.