Nordic PCL Constr., Inc. v. LIPHGC, LLCAnnotate this Case
The case arose from a dispute over the adequacy of concrete work Nordic PCL Construction, Inc. performed on a condominium construction project as a subcontractor to LPIHGC, LLC. The subcontract contained a binding arbitration clause. The arbitrator entered a partial final award and final award (collectively, the arbitration award), ruling in favor of LPIHGC. LPIHGC filed a motion to confirm, and Nordic filed a motion to vacate the arbitration award. Neither party requested an evidentiary hearing to address disputed issues of material fact. The circuit court granted LPIHGC’s motion and denied Nordic’s motion and entered final judgment in favor of LPIHGC. The intermediate court of appeals (ICA) reversed, concluding that the arbitrator’s failure to disclose various relationship with the law firms of LPIHGC’s attorneys established a reasonable impression of partiality requiring vacatur of the arbitration award. The Supreme Court vacated the ICA’s judgment, holding that because the circuit court did not explain the basis of its rulings on the record or enter findings of fact or conclusions of law, the Court was unable to determine whether the circuit court erred in denying Nordic’s motion to vacate. Remanded to the circuit court for an evidentiary hearing and entry of findings of fact and conclusions of law on Nordic’s motion to vacate.