Wolak v. Gerber

BY JUDGE WILLIAM H. LEDBETTER, JR.

This case went to arbitration, and now the defendant challenges the award on the ground that the arbitrator exceeded his powers under Virginia Code § 8.01-581.010(3).

Background Facts

On February 16,2000, the plaintiff, Wolak, brought this action against the defendant, Gerber,1 for damages allegedly arising out of Gerber’s deficient construction of a residence for Wolak. Gerber responded by special plea, asserting that the parties’ construction contract contained a binding arbitration clause and asking that the case be dismissed.

Before argument on the plea and…