ICF Kaiser Engineers, Inc. v. Superior Court

Good Law
1999 Cal. App. LEXIS 874·75 Cal. App. 4th 226·89 Cal. Rptr. 2d 88·99 Daily Journal DAR 10143·99 Cal. Daily Op. Serv. 7999
Court of Appeal of CaliforniaSeptember 27, 1999B131431California6,980 words

Opinion

Opinion

Vogel, J.

A general contractor agreed to do some work for an owner. was owner part but not all of the contractor’s fees. As they had agreed in advance, the parties then arbitrated their dispute before a distinguished panel of three arbitrators, where the contractor prevailed. When the contractor filed a petition to confirm the arbitrators’ award, the owner alleged—for the first time—that the contractor’s license had been suspended at the time the contract was entered and while the work was being performed. This came as a surprise to the contractor, and the petition to confirm the award was withdrawn so the matter could be investigated. The owner then petitioned to vacate the arbitrators’ award. The contractor opposed that petition, claiming substantial compliance with the licensing statute. An evidentiary hearing was held, after which the trial court entered judgment for the owner and vacated the arbitrators’ award. The contractor applied to us for an extraordinary writ. We grant the contractor’s petition.

Facts

In October 1995, ICF Kaiser Engineers, Inc. (Kaiser) agreed to and did perform earthquake remediation work for Sepulveda Harteras, Ltd., a partnership. By the time the…

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