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IPCO-G & C. Joint Venture v. A.B. Chance Co.

An ex parte telephone call from the arbitrator to appellant's counsel, while improper, did not so affect appellant's rights as to deprive it of a fair hearing and did not constitute "undue means" such as to justify vacating the arbitration award.

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OPINION

This appeal arises from the trial court’s confirmation of a take- nothing arbitration award in favor of appellee, A.B. Chance Company (“Chance”), against appellants, IPCO-G.&C. Joint Venture, IPCO, Inc., and Gregory & Cook, Inc. (collectively “IPCO”). By agreement, the parties submitted their dispute to binding arbitration after IPCO filed suit against Chance, alleging damages in relation to problems with the construction of a natural gas pipeline.

In three points of error, IPCO argues the trial court erred in affirming the arbitration award because (1) the arbitrator improperly conducted an ex parte independent investigation of evidence material to the award; (2) the arbitrator refused to hear material evidence; and (3) the arbitration award was based on a “gross mistake of law.” We affirm.

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