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James Pitt d/b/a Straight Edge Constr. v. Holt Dev. LLC

The trial court's refusal to vacate an arbitration award was presumed correct in the absence of a trial transcript.

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James Pitt d/b/a Straight Edge Construction “Pitt” appeals from an order of the Superior Court of Fulton County confirming an arbitration award. Pitt contends the trial court erred in confirming the award because the arbitrator considered issues outside the scope of arbitration, failed to give Pitt adequate notice of those issues, and failed to notify him of a rescheduled hearing date. Because Pitt has failed to carry his burden on appeal of demonstrating error in the confirmation proceeding, we must affirm. The record shows that, on or about May 7, 2001 Pitt and Holt entered into a contract for construction which contained a mandatory binding arbitration clause. During construction, disputes arose that the parties could not resolve, and Holt filed a suit for damages in magistrate’s court. The magistrate dismissed the complaint for failure to arbitrate as required by contract.

In October 2002, Pitt and Holt submitted their dispute to Resolution Resources Corporation. Holt wrote to Resolution Resources about the arbitration, sending it a copy of the pleadings from the lawsuit. In that letter, Holt noted that “there have been many additional charges incurred in correcting” Pitt’s mistakes since the complaint was filed. Pitt claims he did not receive a copy of this letter, had no notice of any additional issues, and was, therefore, unable to prepare a proper defense. Resolution Resources rescheduled the hearing to accommodate Pitt’s request for additional time to prepare and mailed the parties a notice of arbitration.

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