Girolametti v. Rizzo Corp.
Decision Date | 05 August 2014 |
Docket Number | No. 35353.,35353. |
Citation | 97 A.3d 55,152 Conn.App. 60 |
Court | Connecticut Court of Appeals |
Parties | John GIROLAMETTI, Jr., et al. v. RIZZO CORPORATION et al. |
OPINION TEXT STARTS HERE
Michael J. Barnaby, Greenwich, for the appellant (named plaintiff).
Daniel J. Krisch, with whom, on the brief, was Alfred A. DiVincentis, Hartford, for the appellee (named defendant).
BEACH, BEAR and PELLEGRINO, Js.*
The plaintiff, John Girolametti, Jr.,1 appeals from the judgment of the trial court granting the application to confirm an arbitration award in favor of the defendant,Rizzo Corporation.2 On appeal, the plaintiff claims that the court erred in confirming the arbitration award because it disregarded the requirements of state law concerning professional licensing and improperly determined that the plaintiff failed to preserve the issue of the legality of the arbitration agreement. We affirm the judgment of the trial court.
The following facts are relevant to the resolution of the plaintiff's claims. In 2007, the plaintiff and the defendant entered into a contract, whereby the defendant would serve as the general contractor in building an addition to a Party Depot store owned by the plaintiff. The plaintiff submitted to the defendant a form contract drafted by the American Institute of Architects provided by the plaintiff's architect. The defendant signed the contract, which contained an agreement to arbitrate disputes. This agreement provided in relevant part:
When a dispute arose in April, 2009, the defendant submitted the dispute to arbitration in accordance with its agreement with the plaintiff, which the plaintiff initially agreed to and cooperated in. The arbitration began in December, 2009, and continued over a period of thirty-five sessions. The plaintiff attended and participated in every session except the last two, which he refused to attend. The arbitrator later entered his award on March 28, 2011, in favor of the defendant.
Before the arbitrator rendered his award, the plaintiff, on December 15, 2010, filed this action seeking a declaratory judgment and arguing that the contract between the parties was void. Girolametti v. Rizzo Corp., Superior Court, judicial district of Danbury, Docket No. CV–11–6005230–S, 2013 WL 452764 (January 3, 2013).3 The defendant then filed an application to confirm the arbitration award in this action, to which the plaintiff filed an objection. On January 3, 2013, the court granted the defendant's application and also rendered judgment in favor of the defendant on the declaratory judgment complaint. This appeal followed.
The standard of review for arbitration disputes is well settled. “Judicial review of arbitral decisions is narrowly confined.... When the parties agree to arbitration and establish the authority of the arbitrator through the terms of their submission, the extent of our judicial review of the award is delineated by the scope of the parties' agreement.... When the scope of the submission is unrestricted, the resulting award is not subject to de novo review even for errors of law so long as the award conforms to the submission.... Because we favor arbitration as a means of settling private disputes, we undertake judicial review of arbitration awards in a manner designed to minimize interference with an efficient and economical system of alternative dispute resolution....
(Internal quotation marks omitted.) Zelvin v. JEM Builders, Inc., 106 Conn.App. 401, 406, 942 A.2d 455 (2008).
The plaintiff contends that despite his untimely application to vacate the arbitration award, this court can still consider his claim of illegality because the contract, and therefore the arbitration agreement, is void.4 He argues that the parties' contract violates state professional licensing laws because the defendant lacked the capacity to enter into a contract with the plaintiff. He also argues that he preserved this issue for appeal when he raised the legality of the contract in his opening statement at the arbitration hearing and when he “repeatedly demonstrated that [the] defendant ‘offered’ to provide professional engineering services for the entire project” without being licensed as an engineer. The plaintiff therefore concludes that the court erred in granting the defendant's motion to confirm the arbitration award. The defendant argues that the court properly granted its application to confirm the arbitration award for two primary reasons. First, the plaintiff failed to preserve the issue for appeal because he did not challenge the legality of the parties' contract or its arbitration clause during the arbitration, and, therefore, he waived any right to appeal. Second, the plaintiff did not file a timely application to vacate the arbitration award.5 The defendant therefore concludes that the plain language of General Statutes § 52–4176 and Connecticut case law required the court to grant its application. We agree with the defendant.
8 Citations omitted; footnote added; internal quotation marks omitted.) MBNA America Bank, N.A. v. Boata, 283 Conn. 381, 392–93, 926 A.2d 1035 (2007).
Before reaching the merits of the plaintiff's claims, we first must determine whether the plaintiff properly preserved the issue for appeal. A party has two procedural options. Under the first method, a party may refuse to submit to arbitration at the outset and instead compel a judicial determination of the issue of arbitrability. In the present case, the plaintiff participated in the arbitration for thirty-three out of the thirty-five sessions. Only after these thirty-three sessions did he stop attending and file this action in court. The plaintiff, therefore, did not refuse to submit to arbitration at the outset. Thus, he failed to follow the appropriate procedure for raising an objection with the trial court. See JCV Investment Group, Inc. v. Manjoney, 56 Conn.App. 320, 323, 742 A.2d 438 (2000).
The alternative method to preserve an issue for appeal is for the party to present the issue to the arbitrator during arbitration. The plaintiff claims that his The court, after considering this argument, ruled against the plaintiff. It found that ...
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Girolametti v. Michael Horton Assocs., Inc.
...application and confirmed the arbitration award. Id. The court's judgment later was affirmed by this court. See Girolametti v. Rizzo Corp. , 152 Conn.App. 60, 97 A.3d 55 (2014).Also, on May 18, 2011, more than thirty days after receiving notice of the arbitration award, and after the court ......
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Girolametti v. Michael Horton Assocs., Inc., AC 38208
...and confirmed the arbitration award. Id. The court's judgment later was affirmed by this court. See Girolametti v. Rizzo Corp., 152 Conn. App. 60, 97 A.3d 55 (2014). Also, on May 18, 2011, more than thirty days after receiving notice of the arbitration award, and after the court had confirm......