Roy Montgomery v. Vince Bruno Construction, LLC

Summary

The West Virginia Supreme Court of Appeals affirmed the circuit court’s denial of Roy Montgomery’s motion to set aside an arbitration award and its judgment for Vince Bruno Construction, LLC. The Court held that the limited record did not establish fraud, facial error, partiality, imperfect execution of arbitral authority, or another basis under West Virginia Code § 55-10-4 to vacate the award, including the award of prejudgment interest.

Holdings

1. The circuit court did not err in upholding the arbitrator's award of prejudgment interest from May 6, 2008. The limited record did not establish that the interest award resulted from fraud or any statutory ground for setting aside the award.
2. The arbitration award could not be set aside merely because Montgomery alleged that the arbitrator made factual or legal mistakes or interpreted the construction agreement incorrectly. Because the arbitrator was at least arguably construing the contract, the court was not authorized to correct those alleged errors.
3. Montgomery failed to demonstrate fraud, partiality, misbehavior, imperfect execution of the arbitrator's powers, or another ground under West Virginia Code § 55-10-4 sufficient to vacate the award.

Questions Presented

1. Whether delays in submitting and completing the arbitration justified denying or reducing prejudgment interest awarded from the date the cause of action accrued.
2. Whether the circuit court erred in refusing to set aside the arbitration award based on alleged factual or legal mistakes, imperfect execution of the arbitrator's authority, and alleged arbitrator partiality.
3. Whether the arbitration award was erroneous on its face or otherwise subject to vacatur under West Virginia Code § 55-10-4.

Disposition

affirmed