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Snyder v. Cress

Homeowners could not challenge common-law arbitration award in favor of homebuilder more than 30 days after date of award; nor was recent discovery of homebuilder's alleged fraud grounds to modify award, as such fraud did not reflect fraud or irregularity in arbitration proceeding.

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�1 This case involves the conduct of common law arbitration proceedings. The appellants herein are William I. Snyder and Patricia S. Snyder. The Snyders pursued the arbitration against Ed Cress who, together with Ed Cress Builders, are the appellees herein. The arbitration was to resolve issues arising out of a written contract between the Snyders and Cress for the construction of a residence for the Snyders. There was a written arbitration award entered on February 24, 1999. This award directed the payment of a net sum to Cress on his counterclaim.

�2 Concurrently, the Snyders pursued litigation against their architect (Liga) in the Common Pleas Court of Butler County. Coincidentally, the Snyders now claim that they have discovered a water infiltration problem which they ascribe to a latent defect in the construction of their residence. The Snyders presently claim that the presence of this latent defect presents an issue of fraud on the part of Cress.

�3 Accordingly, the Snyders sought the issuance of a rule upon Cress to show cause why Item #2 of the arbitration award should not be modified. The trial court has refused to grant the rule and the Snyders have appealed. Since appellant’s claim is rooted in an alleged infirmity in the arbitration proceeding, the right to pursue the present appeal must be based upon appeal rights from an arbitration proceeding to which they willingly acceded.

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