Sammie Jones, doing business as Jones Drywall v. Summit Limited Partnership Five, 262 Neb. 793

Summary

The Nebraska Supreme Court reviewed whether an arbitration award in a construction contract dispute contained an evident miscalculation of figures warranting modification under Neb. Rev. Stat. § 25-2614(a)(1). The court held that an evident miscalculation requires an obvious and unambiguous mathematical error, and that the alleged inconsistency in the arbitrator’s damage categories did not meet that standard. The court affirmed confirmation of the arbitration award.

Holdings

1. An evident miscalculation of figures exists only when the arbitration award contains a mathematical error that is both obvious and unambiguous.
2. The award did not contain an evident miscalculation because any possible duplication or inconsistency was not clear, conclusive, or undisputable from the face of the award.

Questions Presented

1. What constitutes an evident miscalculation of figures under Neb. Rev. Stat. § 25-2614(a)(1) for purposes of modifying or correcting an arbitration award?
2. Did the arbitrator's award contain an obvious and unambiguous mathematical error warranting modification or correction?
3. Was the district court clearly erroneous in finding that the Summit Group failed to establish an evident miscalculation?

Disposition

affirmed