In Re the Arbitration Between Clawson & Habilitat, Inc.

OPINION OF THE COURT BY

WAKATSUKI, J.

Appellant James Clawson had hired Appellee Habilitat, Inc. to construct a retaining wall and driveway at his residence. A dispute arose between the parties regarding the construction of the wall and driveway. Pursuant to the construction contract, the dispute was submitted to arbitration. While the arbitration process was proceeding, the parties nevertheless were attempting to settle the dispute. Because the parties believed that a settlement agreement was imminent, they agreed that no arbitration award would be rendered until after 3:00 p.m. on October 21,…