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ARTICLE · 02 JULY 2015

Closing Out An Arbitration Award (How Not To)

Duane Morris LLP
Duane Morris LLP
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Two contractors concluded arbitration proceedings and the panel issued its award in February 2011.

United StatesReal Estate and Construction

Two contractors concluded arbitration proceedings and the panel issued its award in February 2011. Upon request of one party, the panel amended its award to address outstanding liens, in March 2011. The amended award required certain lien waivers to be submitted in exchange for payment of the $379,939 award amount. Over four years later, with multiple lower court and two Alabama Supreme Court decisions in the rear view mirror, the case is still not resolved. The most recent dispute concerned the starting point of the interest clock, and the Alabama high court has held that one party's failure to submit all required lien waivers means that interest did not start to accrue until September 2014, instead of March 2011. Plus, the case has once again been remanded to the trial court.

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