Farm Construction Service, Inc. v. Robinson

21 Mass. App. Ct. 955 (1986) · Massachusetts Appeals Court · January 21, 1986

Summary

The Massachusetts Appeals Court affirmed a Superior Court judgment confirming an arbitration award in favor of Farm Construction Service, Inc. The court rejected the defendant's claim that the award should be vacated because the arbitrator refused to hear material evidence, and awarded the plaintiff $500 in appellate legal-fee damages and double costs.

Court
Massachusetts Appeals Court
Jurisdiction
Massachusetts
Decision date
January 21, 1986
Procedural posture
The defendant appealed from a Superior Court judgment confirming an arbitrator's award and sought to vacate the award based on the alleged refusal to hear material evidence. The plaintiff sought appellate damages, costs, expenses, and attorney fees.
Standard of review
Limited judicial review of an arbitration award; vacatur requires a statutory ground supported by the record.
Precedential value
precedential
Parties
Robinson v. Farm Construction Service, Inc.
Disposition
affirmed

Topics

arbitrationappellate procedureattorney feescostsremedies

Practice areas

arbitrationappellate procedureconstruction lawremedies

Questions Presented

  1. Whether the arbitration award should be vacated because the arbitrator refused to hear evidence material to the controversy.
  2. Whether the plaintiff was entitled to appellate damages for legal fees and double costs under Massachusetts appellate authority.

Holdings

  1. The award was not subject to vacatur because the defendant's claim that the arbitrator refused to hear material evidence had no factual foundation in the record, and the uncontested arbitrators' averments established that no proper rebuttal evidence had been identified or offered.
  2. The plaintiff was entitled to $500 in damages for legal fees incurred on the appeal and double appellate costs.

Key quotations

“It is readily apparent that the defendant’s contention “is completely without any factual foundation in the record.”” (21 Mass. App. Ct. 955)
“The judgment is affirmed. Damages and costs shall be assessed in the Superior Court as above provided.” (21 Mass. App. Ct. 956)

Factual background

The defendant claimed that the arbitrator refused to hear material expert rebuttal evidence. The arbitrators stated without contradiction that no expert evidence had been introduced that would properly be subject to rebuttal and that the defendant had made no offer of proof describing the proposed rebuttal evidence.

Procedural history

An arbitrator issued an award, and the Superior Court confirmed it. On appeal, the Massachusetts Appeals Court rejected the defendant's challenge to the award, affirmed the judgment, and awarded the plaintiff $500 in damages for appellate legal fees plus double appellate costs, with assessment in the Superior Court.

Remand instructions

Damages and costs are to be assessed in the Superior Court.

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