This new theory falls within the scope of the general factual allegations pleaded in support of plaintiff's claims of breach of contract and negligence. Therefore, we affirm the lower court on this issue. The timeliness of the bringing of an arbitration proceeding is a procedural issue to be determined by the arbitrators rather than the courts. The question of timeliness includes consideration of the doctrine of laches. Therefore, we conclude that the decision whether to apply the doctrine of latches was within the arbitrator's discretion, and the trial court correctly declined to interfere with the exercise of the arbitrator's discretion.
Defendant argues that after that date, the fluctuating judgment interest rate applies.
We affirm the circuit court's judgment confirming the arbitration award but remand for recalculation of the judgment interest. We do not retain jurisdiction. We disagree with defendant s contention that plaintiff limited its claims by its answers to interrogatories regarding damages. Q. State the amount in dollars and cents of the claimed damage or attach detailed estimates showing the amount estimated to repair the claimed damages. A. Depends upon the work and materials required to remedy problem.