Meleyco

A dispute between the owners and the contractor over a remodeling contract was submitted to binding arbitration, resulting in an award of $30,713.35 to the contractor, Villinger/Nicholls Development Company (VNDC). The owners, Kenneth and Ann Meleyco, appeal from the judgment entered after the superior court confirmed the award. (Code of Civ. Proc., § 1286.) The Meleycos contend the arbitrator exceeded his power in awarding damages to VNDC because VNDC never filed a proper counterclaim. VNDC appeals from an order denying its motion for attorney fees, contending it is entitled to attorney fees for the arbitration, the petition to confirm the award, and on appeal. Pursuant to the parties’ stipulation, we ordered the two appeals consolidated. In the published portion of this opinion, we determine a proceeding to confirm an arbitration award does not constitute an action within the meaning of Civil Code section 3176. In the unpublished portion, we reject the Meleycos’ challenge to the arbitration award and VNDC’s request for attorney fees incurred in the arbitration. We shall affirm.

Factual and Procedural Background

In April 1992, the Meleycos entered into an $81,050…