Cleveland Constr., Inc. v. Ruscilli Constr. Co., Inc.

Citations

• 2023 Ohio 363

Syllabus

Judgment affirmed. The trial court did not err by refusing to vacate the award under R.C. 2711.10(D). The arbitrators did not exceed their authority by failing to enforce a material notice provision of the parties' agreement because the language appellants point to when so arguing obviously concerns the activities of appellees' attorneys during litigation, not the parties' performance under the agreement. The trial court did not err when awarding post-arbitration attorneys' fees based on the indemnification clause in the parties' agreement because the clause was unambiguous and appellant's decision to challenge the award and file a related lawsuit required appellees' attorneys to continue work after arbitration to defend the award. The trial court did not err when ordering appellant to reimburse appellee for bond premium payments because the indemnification clause entitled appellee to compensation. The costs accrued only because appellant refused to release a mechanic's lien for years after the arbitration panel ordered it to do so.