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Georgia Court of Appeals Affirms Superior Court's Confirmation of Arbitration Award, Finding That Arbitrator Did Not Manifestly Disregard Law Governing the 'Modified Total Cost' Approach to Damages

Gainesville Mech., Inc. v. Air Data, Inc., No. A19A0518., 2019 BL 229069 (Ga. Ct. App. June 19, 2019)

Author: Michelle J. Cuozzo

7/23/2019

Read the full post at Constructlaw

Georgia Court of Appeals Affirms Superior Court's Confirmation of Arbitration Award, Finding That Arbitrator Did Not Manifestly Disregard Law Governing the 'Modified Total Cost' Approach to Damages

The First Division of the Georgia Court of Appeals affirmed a superior court’s decision to confirm an arbitration award against Appellant Gainesville Mechanical, Inc. (Gainesville) because Gainesville failed to show that the arbitrator manifestly disregarded the law governing the “modified total cost” approach to damages.

The underlying dispute between Gainesville and Air Data, Inc. (Air Data) arose from a construction project, for which Gainesville hired Air Data to perform certain construction services. Gainesville also directed Air Data to work 7 days a week for 10 hours a day for an extended period of time. Gainesville ultimately fired Air Data and hired another contractor to perform the remaining work. In total, Gainesville paid Air Data less than half of its contract price.

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