Thompson Pacific Construction v. Swinerton Builders
This is an appeal from a judgment dismissing a petition requesting correction of an arbitration award. The question presented is whether the arbitrator exceeded [his] powers within the meaning of Code of Civil Procedure section 1286.6, subdivision (b), when he found there was no prevailing party and that, therefore, no party was entitled to attorneys fees under Civil Code section 3250, and that no party was entitled to recover its costs of suit under Code of Civil Procedure section 1032. The answer is no since the arbitrator had the power to make this finding. Consequently, no grounds exist under Code of Civil Procedure section 1286.6 for correcting the award by including attorneys fees and costs of suit. Court affirm the judgment.
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