St. Tammany Manor v. Spartan Bldg. Corp.

509 So. 2d 424
CourtSupreme Court of Louisiana
DecidedJune 22, 1987
Docket87-C-0358
StatusPublished
Cited by53 cases

This text of 509 So. 2d 424 (St. Tammany Manor v. Spartan Bldg. Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Tammany Manor v. Spartan Bldg. Corp., 509 So. 2d 424 (La. 1987).

Opinion

509 So.2d 424 (1987)

ST. TAMMANY MANOR, INC.
v.
SPARTAN BUILDING CORPORATION.
SPARTAN BUILDING CORPORATION
v.
ST. TAMMANY MANOR, INC. and the American Arbitration Association.

No. 87-C-0358.

Supreme Court of Louisiana.

June 22, 1987.

*425 Richard L. Muller, Muller & Lehman, Mandeville, for defendant-appellant.

Thomas A. Rayer, Denechaud & Denechaud, New Orleans, for plaintiff-appellee.

CALOGERO, Justice.

In this construction contract dispute, the issue is whether grounds exist for modifying or correcting an arbitration award.

The Louisiana Arbitration Law[1] requires that a challenged arbitration award be modified or corrected in any of the following cases:

A. Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award.
B. Where the arbitrators have awarded upon a matter not submitted to them unless it is a matter not affecting the merits of the decision upon the matters submitted.
C. Where the award is imperfect in matter of form not affecting the merits of the controversy.[2]

Utilizing the provisions of La.Rev.Stat. Ann. 9:4209 (West 1983), Spartan Building Corp. filed suit to confirm an arbitration award. St. Tammany Manor, Inc. filed an independent lawsuit requesting that interest commence from the date of the arbitration award instead of the date of substantial completion of the work, as had been awarded by the panel of arbitrators. The trial court consolidated the cases and later rendered a summary judgment modifying the award, effectively granting St. Tammany Manor the relief it had sought. The Fourth Circuit Court of Appeal affirmed, choosing to follow its decision in City Stores Co. v. Gervais F. Favrot Co., 359 So.2d 1031 (La.App.1978). St. Tammany Manor, Inc. v. Spartan Building Corp., 499 So.2d 616 (La.App.1986). Spartan applied for a writ of review, which this Court granted. 502 So.2d 1092 (La.1987).

We reverse. For the reasons discussed below, we determine that there exist here none of the grounds specified in La.Rev. Stat.Ann. 9:4211, the exclusive authority for a court to modify an arbitration award.

On September 16, 1980, Spartan Building contracted to construct a lodge for St. Tammany Manor, the work to be completed by September 26, 1981. The facility was substantially completed on or about September 23, 1981, when the architect reviewed the project and submitted a punch list to Spartan Building. At that time St. Tammany Manor chose to retain $172,986.75 of the moneys which should otherwise have been paid to Spartan, for items it claimed the contractor still had to correct, or complete. Spartan contended that all of the work had been properly completed and that it was owed the $172,986.75 balance. The dispute was submitted to an arbitration panel, as required by the contract. On January 17, 1984, the arbitrators awarded Spartan Building a net sum of $145,642.75[3] with interest at the rate of twelve percent per annum[4] from September 30, 1981 until paid.

The trial court modified the arbitration award to provide that the interest should run only from January 18, 1984, the date the last of the three arbitrators[5] signed the award. As modified, the trial court confirmed the award. The court of *426 appeal affirmed the district court judgment, over a vigorous dissent by the Chief Judge. The court majority quoted La.Civ. Code Ann. art. 1938, that "[a]ll debts shall bear interest ... from the time they become due, unless otherwise stipulated."[6] Then they adopted the reasoning of City Stores Co. v. Gervais F. Favrot Co., 359 So.2d 1031 (La.App.1978) that a definite figure had not been ascertainable and therefore was not due until the date of the arbitration award (January 18, 1984), notwithstanding that the job had been substantially completed some twenty-eight months earlier (September 23, 1981). Therefore, it held that interest could not, and did not, begin to run until January 18, 1984. The dissent examined section 4211 and this Court's decision in Firmin v. Garber, 353 So.2d 975 (La.1977) and suggested that the trial court "had no business to look into any part of the award, including the correctness of the date from which interest was allowed, in the absence of any statutory ground for modification." 499 So.2d at 616.

"Arbitration is a mode of resolving differences through the investigation and determination of one or more individuals appointed for that purpose. The object of arbitration is the speedy disposition of differences through informal procedures without resort to court action." Firmin v. Garber, 353 So.2d 975, 977 (La.1977) (citing Housing Authority v. Henry Ericsson Co., 197 La. 732, 2 So.2d 195 (1941)). "It is important to the effectiveness of the arbitration process that the award be promptly performed." Pirsig, Some Comments on Arbitration Legislation, 10 Vand.L.Rev. 685, 707 (1957).

La.Rev.Stat.Ann. 9:4209 requires a court to confirm the arbitration award upon application of any party to the arbitration. The only exceptions are that a court may vacate, as prescribed in section 4210[7] (not applicable here), modify or correct, as prescribed in section 4211. The only grounds listed in section 4211 for modification or correction are (1) a material miscalculation of figures or material mistake in a description (of any person, thing, or property), (2) an award upon a matter not submitted to the arbitrators, or (3) an award imperfect in matter of form not affecting the merits of the controversy.

The arbitrators' determination on the merits will not be reviewed by the court since the parties have in advance, by contract, agreed that their decision on issues of fact and law should be final and binding. The award is conclusive unless an error charged to the arbitrators fits one of the statutorily described deficiencies. Wilner, Domke on Commercial Arbitration § 3400, at 475 (1984). "The court cannot substitute its conclusion for that of the arbitrator. United States v. Gleason, 175 U.S. 588, 20 S.Ct. 228, 44 L.Ed. 284 (1900); Housing Authority v. Henry Ericsson Co., 197 La. 732, 2 So.2d 195 (1941); Greer v. Lowe, 94 So.2d 560 (La.App.1957); Ogden v. Baile, 73 Fla. 1103, 75 So. 794 (1917); 5 Am. Jur.2d, Arbitration and Award, § 188, p. 659." Firmin v. Garber, 353 So.2d at 977.

St. Tammany Manor argues that the court of appeal was correct in awarding interest only from the date of the arbitration award. The court of appeal found its decision in City Stores Co. v. Gervais F. Favrot Co., 359 So.2d 1031 (La.App. 4th *427 Cir.1978) to be dispositive of the issue in this case. City Stores involved three different "cost plus" construction contracts between the two parties. The arbitration award included pre-award interest on the amount found to be due the contractor. The trial court, differing with the arbitrator, made its own finding concerning La.

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509 So. 2d 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-tammany-manor-v-spartan-bldg-corp-la-1987.