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Posted over 4 years ago.

He does not have intentions to pay. I have a statement from the owner of the window company and an email form the window company claiming that the general contractor said they are not going to pay because the window cleaning company damaged there windows worth $14,000, therefore he has not and will not pay them. SO how is it he incurred cost when he did not pay them. It has been 8 months.

Thomas Patrick Quinn Jr
Thomas Patrick Quinn Jr, Construction / Development Lawyer - Laguna Beach, CA
Posted over 4 years ago.

A couple of points are worth mentioning here. First, as others have noted, you apparently have taken this issue up with the arbitrator already on a motion to correct the award. The motion was denied. As set forth above, your only recourse now is a motion to vacate or modify before the Superior Court. The grounds are extremely limited and, based on the limited facts that I have, it does not appear that you would be successful. As to his intentions, they are not relevant. If he has a legal obligation to pay the window contractor, his intention to pay on the obligation is not significant. The legal obligation to pay the window company is what was likely presented to the arbitrator as part of the evidence on which the award was based. It is not a cost incurred, but a legal obligation. Either way, a proper basis to award damages. If the evidence you have, ie,, the email from the window company, was presented to the arbitrator at the time of the arbitration, perhaps the result would have been different.