Ward v. Ohio State Waterproofing
2012 Ohio 4432
Ohio Ct. App.2012Background
- Wardes contracted OSW in Sept 2008 for basement waterproofing; work completed but flooding persisted; warranty repairs in 2009; no refund by Jan 2010.
- In 2007 Springfield Township demolished adjacent building; spring 2010 discovered source of water was a broken line on adjacent property; after fixes, no more water problems.
- Oct 2010 Wardes sued OSW for breach of contract and Springfield/Butcher for damages; OSW moved to compel arbitration based on contract clause; parties agreed to binding arbitration; case stayed and referred to arbitration.
- Arbitrators found OSW breached and awarded Wardes contract price plus interest and attorney’s fees.
- Sept 26, 2011 trial court reinstated case and adopted arbitration award as judgment; OSW moved to vacate; Nov 8, 2011 motion denied; OSW appealed.
- On appeal, court addressed first two vacatur arguments, remanding to the trial court to consider Wardes’ third argument that the award was unjust/unconscionable; judgment reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly denied the motion to vacate the arbitration award | Ward argues the award should stand; OSW’s challenged conduct not dispositive | OSW contends the award was procured via undisclosed evidence, improper testimony, and misreasoned facts | Remanded for trial court to consider OSW’s third argument; appellate reversal and remand |
Key Cases Cited
- Lowe v. Oster Homes, 2006-Ohio-4927 (9th Dist. 2006) (deference to arbitration awards and presumptive validity)
- Findlay City Sch. Dist. Bd. of Educ. v. Findlay Educ. Assn., 49 Ohio St.3d 129 (Ohio 1990) (limited review of arbitration merits; post-award standards)
- New Par v. Misuraca, 2007-Ohio-3300 (9th Dist. 2007) (waiver of de novo review where binding arbitration agreed)
- Lockhart v. American Reserve Ins. Co., 2 Ohio App.3d 99 (8th Dist. 1981) (scope of trial court review of arbitration awards)
- Warren Educ. Assn. v. Warren City Bd. of Educ., 18 Ohio St.3d 170 (1985) (limitations on appellate review of arbitration orders)