Severtson v. Williams Construction Co.
173 Cal. App. 3d 86 · California Court of Appeal · 1985
Facts
Property owners (Severtsons) contracted with Williams Construction for a residence, leading to a dispute over defective workmanship that was submitted to binding arbitration. The arbitrator issued an award, which the Severtsons sought to correct. The arbitrator then issued an amended award, increasing damages and fees, but the superior court vacated the amended award and confirmed the original.
Issue
Did the arbitrator have the authority under Code of Civil Procedure section 1286.6, subdivision (a) to amend the award by re-interpreting evidence and adding new elements of damages and fees, claiming an "evident miscalculation of figures"? Was the appeal rendered moot by the owners' acceptance of the original award's payment?
Holding
No, the arbitrator exceeded his authority by amending the award, as the changes constituted a revision of substance and re-interpretation of evidence, not an "evident miscalculation of figures." The appeal was not moot because the owners were concededly entitled to the original award regardless of the appeal's outcome. The superior court's decision was affirmed.
Rule
An arbitrator's authority to correct an award for an "evident miscalculation of figures" under Code of Civil Procedure section 1286.6, subdivision (a) is limited to mathematical errors that are obvious and apparent on the face of the award or documentation, without requiring extrinsic evidence or re-interpretation of the merits. It does not permit substantive revisions, re-evaluation of evidence, or the addition of new elements of damages.
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