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Arbitration Award Could Not Be "Corrected" Attorney Fees; Arbitration

Monday, December 02, 2002 11:42 am

Arbitration Award Could Not Be "Corrected" Attorney Fees; Arbitration

A North Carolina court has ruled that an arbitrator, having failed to award attorney fees to a prevailing party as authorized by the contract, lacked authority to modify the award to add the attorney fees.

Denise Vanhoy entered into a construction contract with Duncan Contractors, Inc. The contract called for binding arbitration of disputes. The contract also included the following provision regarding attorney fees.

"Attorney's Fees: Should either party employ an attorney to institute suit or demand arbitration to enforce any of the provisions hereof, to protect its interest in any matter ari [...]

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