Taylor

Gary and Jennifer Taylor petitioned the superior court to confirm an arbitration award they had obtained in their dispute with a construction contractor, respondent Van-Catlin Construction (VCC). The court, however, granted VCC’s request to correct the award under Code of Civil Procedure section 1286.6 on the ground that the arbitrator had exceeded his powers in granting attorney fees. The Taylors appeal, contending that the court erred in reviewing the award and in correcting “a legal error that did not exist.” We agree that the deletion of the attorney fees was improper, and we must therefore reverse the order.

Background

The parties’ dispute arose after the Taylors engaged VCC to remodel their home. When the Taylors refused to pay the full contract price, VCC demanded arbitration pursuant to their agreement. In their answering statement the Taylors asserted a counterclaim for the amount they had incurred to repair the defects in VCC’s work. On February 6, 2004, the arbitrator found that VCC’s performance had been “materially substandard and inexcusably delinquent, thus entitling [the Taylors] to compensation for their reasonable, substantiated costs in completing and…