Stermer

This is an appeal by petitioner and appellant Rudolph H. Stermer, D.D.S. (Stermer), from a judgment of the superior court confirming an award in arbitration in favor of respondent and appellant Modiano Construction Company, Inc. (Modiano). Modiano also appeals from that portion of the judgment which denies the award of attorney’s fees to Modiano.

On March 9, 1973, Stermer filed the petition in this case (superior court No. C (51947) to vacate an award of Arbitrator Jordan A. Dreifus of November 29, ¿972. The award arose out of a dispute over a written building construction contract between Stermer and Modiano of April 4, 1970, which was submitted to arbitration pursuant to the contract. The arbitrator had determined that Modiano was entitled to the balance due on the construction contract, less certain credits in favor of Stermer, for a net award to Modiano of $3,131.

The petition urged the following grounds for vacating the award: (1) The award was procured by undue means in that the arbitrator had informed himself of the results of a previous arbitration of the same dispute rendering it impossible for Stermer to obtain a fair hearing; (2) the award in the prior…