A.M. Classic Construction, Inc. v. Tri-Build Development Co.

J.*Appellants Tri-Build Development Company (Tri-Build) and Santa Monica-Malibu Unified School District (Santa Monica) appeal from a judgment confirming an amended arbitration award in favor of respondent A.M. Classic Construction, Inc. (A.M. Classic). Appellants contend that the arbitrator exceeded his powers by amending the award to determine an issue he inadvertently neglected to decide. They contend the trial court was required to vacate the amended award and order the entire dispute reheard by a new arbitrator. We conclude arbitrators have the authority to amend an award to determine an inadvertently omitted question that must be decided in order to resolve the entire dispute. We affirm the trial court’s judgment confirming the amended award.

Facts and Procedural Background

A.M. Classic, a subcontractor, performed asphalt work and other improvements for Tri-Build at an elementary school in Santa Monica. A dispute arose about the work. A.M. Classic stopped work and served a stop payment notice upon Santa Monica. A.M. Classic then sued Tri-Build and Santa Monica for damages.

The parties stipulated that the entire dispute would be resolved by binding arbitration.…