Legal Question in Construction Law in California

Binding Arbitration question

We hired a pool and decking contractor which after 8 months ended up in binding arbitration with the Better Business Bureau. Arbitrator agreed after seeing that work was minimal standards and parts did need to be replaced, major parts of job. He did not clarify who was to finish it. When clarification letter from us came back saying that we did not want contractor on this job anymore so it was once again in our lap. If we fix it where does our warranty issue with the original contractor come in? They want there balance we dont think we should pay it until we are guaranteed or explained our contract warranty. Is this a legitimate concern of ours? and if so do we have a legal right here to our contract promise regardless of what this arbitrator said?

Thank you for any advice


Asked on 3/10/04, 10:38 pm

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: Binding Arbitration question

I'm thoroughly confused. I can't quite understand the story, but if you went to binding arbitration (as opposed to non-binding) and an award was given by the arbitrator, then this should be the end of it. Why is the contractor asking for a balance when the arbitrator ruled against him? The award should have been for a dollar amount. Arbitrators only rarely order a party to do a specific action, such as fix something.

Confirm the award with the superior court so as to reduce it to a judgment, then send the judgment off to the Contractors State License Board. If the contractor wants to keep his license, he'll have to pay the judgment.

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Answered on 3/11/04, 1:22 am


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