Heritage Construction & Development, Inc. v. O'Connor

Garsh, E. Susan, J.

The defendants, John and Caterina O’Connor, move to dismiss the complaint seeking to vacate an arbitrator’s award on the basis that it was not timely filed. The defendants also seek an award of counsel fees and costs in enforcing the parties’ arbitration agreement. For the reasons stated below, the defendants’ motion to dismiss the complaint is ALLOWED, and their motion for an award of counsel fees and costs is DENIED.

BACKGROUND

The underlying case involves a dispute over performance of a contract for the installation and finishing of a modular home by Heritage Construction…