Legal Question in Civil Litigation in Georgia

Respondent Refuses to Honor Arbitration Award

I filed arbitration against my builder for poor workmanship of driveway, as per our contract, to cover costs of estimated repairs and arbitration fee. I was awarded my full claim, which builder subsequently appealed. Arbitrator ruled he would not amend award. Builder appears that he is not going to pay, and arbitration assoc does not enforce their awards. It's under $5,000. Is my next step small claims court - how do I approach that?


Asked on 4/18/00, 9:24 am

1 Answer from Attorneys
Glenn Loewenthal Glenn Loewenthal, P.C.

Re: Respondent Refuses to Honor Arbitration Award

It may depend on what type of arbitration you had. Arbitration can be binding or non binding. Have an attorney review the contract and arbitration award to determine which type. if binding, you will be able to enforce the award just like a court judgment without going back to court. If non-binding, loser can appeal to the court for a trial, if done within a certain time, usually 30 days, otherwise the award becomes binding. You should consult an attorney to get a definite answer.

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Answered on 4/27/00, 6:44 pm


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