Following arbitration of a contract dispute between Dan J. Sheehan Company “Sheehan” and McCrory Construction Company, Inc. “McCrory”, the arbitrator awarded Sheehan $117,997.05, but granted McCrory a set-off in the amount of $16,062. The arbitrator also awarded McCrory $92,849 in attorney fees, costs, and expenses. Sheehan moved to vacate the arbitration award, arguing that the arbitrator manifestly disregarded the law. The trial court denied Sheehan’s motion, and Sheehan appeals. For reasons that follow, we affirm. The record shows that in September 2001, McCrory became the contractor for a construction project at the Oglethorpe Mall in Savannah. The overall construction agreement contained an arbitration clause and, with respect to attorney fees, provided: The prevailing party in any such arbitration shall be entitled to recover, in addition to its damages, all costs and expenses incurred in connection with the arbitration, including, without limitation: i its reasonable attorney fees. . . ; and ii any fee paid to the arbitrators. In connection with the project, Sheehan entered into a subcontract with McCrory to install tile. The subcontract incorporated the arbitration provisions of the overall construction agreement, including the language regarding attorney fees and costs associated with arbitration. The construction agreement and subcontract do not define the term “prevailing party.”
Sheehan commenced work on the project and began receiving payment under the subcontract. At some point, however, a dispute arose between the parties. On May 12, 2003, Sheehan demanded arbitration of its claims that McCrory owed it money under the subcontract, as well as sums for “additional work” relating to the removal and replacement of certain tile. Sheehan also sought interest, costs, and attorney fees. McCrory answered, asserting a counterclaim for damages incurred in connection with the tiling project. McCrory further claimed that it had previously reached an agreement with Sheehan that resolved all outstanding issues of payment and liability.
