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Riddick v. Williams & Bowling Developers LLC

The trial court properly concluded that the 1-year statute of limitation barred the homeowners' application to confirm a favorable arbitration award.

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Following the arbitration of a legal dispute related to the construction of their home, Sylvia and Dennis Riddick appeal from the trial court’s denial of their application to confirm the arbitration award in their favor against Williams & Bowling Developers, LLC “W&B” because it was filed more than a year after the award had been issued to the parties. Specifically, the Riddicks argue that the trial court erred in denying their application because it failed to take into account evidence allegedly tolling the one-year limitations period for confirming such arbitration awards. For the reasons noted infra , we affirm. In January 2006, the Riddicks filed suit against W&B and its principals, David Bowling and Brad Williams collectively, “appellees”, among others, claiming breach of contract for alleged defects in the construction of their home. Appellees then successfully moved to compel arbitration1 and, following a hearing, the arbitrator issued an award on April 7, 2007 in favor of the Riddicks against W&B for $21,500. The arbitrator’s award did not, however, assess any damages against Bowling and Williams individually.

Just over one year later on April 21, 2008,2 the trial court issued an order directing the parties to seek clarification as to whether the arbitrator had considered the Riddicks’ claims against Bowling and Williams individually.3 And while the arbitrator’s response —that it had indeed considered and rejected the Riddicks’ claims against the individual appellees —was dated May 28, 2008, it was apparently not received by the parties until May 6, 2009.

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