This article was written for The Dispute Resolver and was published February 28, 2023.
Continuing with the theme of last week's post, in a recent decision, the Louisiana First Circuit Court of Appeals upheld a trial court's confirmation of an arbitration award of over $500,000, even though the award contained two errors of undisputed fact that the dissenting opinion argued, if corrected, would have resulted in an award in favor of the non-prevailing party. Coastal Indus., LLC v. Arkel Constructors, LLC, 2021-0906 (La.App. 1 Cir. 9/1/22); 350 So.3d 912, writ denied sub nom. Coastal Indus., LLC v. Arkle Constructors, LLC, 2022-01489 (La. 11/22/22); 350 So.3d 500
The case involved an arbitration between a subcontractor and the general contractor on a project to construct a building at a petroleum refinery. The subcontractor brought a claim to recover for amounts it contended it was due under its subcontract. The general contractor asserted a counterclaim seeking to recover for, among other things, the excess cost of completing the subcontract because of the subcontractor's alleged abandonment of the...
