ALTERNATIVE DISPUTE RESOLUATION | ARBITRATION
03-2-5467 ERG Renovation & Construction, LLC v. Delric Construction Company, Inc., App. Div. (per curiam) (24 pp.) Defendant Delric Construction Company, Inc. appealed the orders that denied its application to vacate a commercial arbitration award and granted the application of plaintiff ERG Renovation & Construction, LLC to confirm the award. ERG cross-appealed from the court’s order denying its request for counsel fees. The appellate panel affirmed. Delric was the general contractor on a project to construct a new courthouse in Staten Island, New York and engaged ERG as a subcontractor to perform site work and excavation work. A dispute arose in October 2010, primarily regarding the scope of work to be performed on the project. Ultimately, Delric sent ERG a notice terminating ERG’s involvement in the project. ERG filed a public improvement lien against the project in the amount of $1,893,225.19. Delric filed a demand for arbitration against ERG with the American Arbitration Association (AAA), claiming breach of contract. ERG answered and filed a counterclaim for breach of contract, improper termination, lost profits, attorney fees, cost of arbitration, cost of suit and fraudulent misrepresentation. The parties’ agreement authorized the arbitrator to resolve all issues and disputes arising out of the subcontract in accordance with the AAA’s Construction Industry Arbitration and Mediation rules. That is precisely what the arbitrator did. Delric’s dissatisfaction with the way the rules were applied or the ultimate result does not establish that the arbitrator exceeded his powers.
