Bow Tile v. Gangi Builders
Gangi Builders, Inc. (Gangi) appeals from the courts order denying its petition to vacate (and confirming) an arbitration award for Bow Tile Corp. (Bow Tile) concerning a dispute over a construction contract. Gangi argues the trial court should have vacated the arbitration award under Code of Civil Procedure section[1]1286.2, subdivision (a)(4) because the arbitrator exceeded his authority in considering claims and awarding damages beyond those sought in the original complaint and in the demand for arbitration Bow Tile submitted to the American Arbitration Association (AAA). We do not agree. As the lower court observed in ruling on the petition, the arbitrators award does not appear to have exceeded either the authority conveyed to the arbitrator under the broad arbitration clause in the parties subcontract, nor does it exceed the scope of the parties equally broad stipulation to arbitrate filed in the underlying action. In addition, Gangi has not carried its burden to demonstrate that Bow Tile narrowed its claim in the submission to AAA such that the subsequent award exceeded the scope of the submission or that the arbitrator violated AAA rules in a manner that would show he exceeded his authority. Consequently, Court affirm.
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