Trustees of the District Council No. 9 Painting Industry Insurance Fund and…

Background

The petitioners sought confirmation of an arbitration award against Drywall & Acoustics of N.E. Inc., also identified in the opinion as Drywall & Acoustics of Northeast Inc. The petition was unopposed. The petitioners also sought post-judgment interest and attorneys’ fees and costs.

Legal standard and analysis

The court explained that an arbitration award generally must be confirmed if the arbitrator acted within the scope of the arbitrator’s authority and the award arose from the parties’ agreement. A court should not overturn an award merely because it believes the arbitrator made a serious mistake. Confirmation is generally a summary proceeding that turns the existing arbitration award into a court judgment.

Because the petition was unopposed, the court treated it as an unopposed motion for summary judgment, which is a request for judgment when the relevant materials show that no trial is needed. After reviewing the petition, legal memorandum, and supporting documents, the court found that the arbitrators acted within the scope of their authority and confirmed the award. The court also found that post-judgment interest was warranted. It found the request for attorneys’ fees proper based on the petitioners’ representation that Drywall had refused to comply with the award, but noted that the petitioners had not provided time records or other supporting materials for the requested fees and costs.

Disposition

The court granted the petition to confirm the arbitration award in the amount of $7,760.02, with post-judgment interest. The court directed the petitioners to submit a supported request for attorneys’ fees and costs, including records showing the reasonableness of the proposed award, or to inform the court that they intended to forego those fees and costs. The opinion does not state a specific amount of attorneys’ fees or costs awarded.