Jones v. SUMMIT LIMITED PARTNERSHIP FIVE, S-00-630.

• Decision Date: 09 November 2001
• Docket Number: No. S-00-630.,S-00-630.
• Citation: 262 Neb. 793,635 N.W.2d 267
• Parties: Sammie JONES, doing business as Jones Drywall, Appellee, v. SUMMIT LIMITED PARTNERSHIP FIVE, a South Dakota limited partnership, and The Summit Group, Inc., a South Dakota corporation, Appellants.
• Court: Nebraska Supreme Court

635 N.W.2d 267

262 Neb. 793

Sammie JONES, doing business as Jones Drywall, Appellee, v. SUMMIT LIMITED PARTNERSHIP FIVE, a South Dakota limited partnership, and The Summit Group, Inc., a South Dakota corporation, Appellants.

No. S-00-630.

Supreme Court of Nebraska.

November 9, 2001.

Timothy R. Engler and Karen A. Haase, of Harding, Schultz & Downs, Lincoln, for appellants.

Stuart Tiede, of Woods, Fuller, Schultz & Smith, P.C., Sioux Falls, SD, and Jane F. Langan and Britt J. Ehlers, of Rembolt, Ludtke & Berger, L.L.P., Lincoln, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

HENDRY, C.J.

INTRODUCTION

This case arises from a contract dispute between Sammie Jones (Jones) and The Summit Group, Inc., a general contractor affiliated with Summit Limited Partnership Five (collectively The Summit Group). After the dispute was submitted to arbitration, The Summit Group requested that the district court modify or correct the arbitrator's award pursuant to Neb.Rev.Stat. § 25-2614(a)(1) (Reissue 1995). The district court denied the request and confirmed the award. The Summit Group appealed.

FACTUAL BACKGROUND

Jones, an individual doing business as Jones Drywall, contracted to do painting and drywalling on a hotel owned by The Summit Group in Lincoln, Nebraska. The Summit Group was displeased with Jones' work and his staffing of the job, and eventually terminated its contractual relationship with Jones.

On July 30, 1998, Jones filed a construction lien against the hotel and a construction lien foreclosure petition and praecipe in Lancaster County District Court. The parties thereafter filed a joint stipulation to arbitrate the dispute and agreed to stay the district court proceedings pending the outcome of the arbitration. The district court ordered the stay.

The parties arbitrated their dispute. The record before this court regarding the proceedings before the arbitrator includes only the two-page arbitration award and the one-page order of the arbitrator denying modification. The arbitrator entered his award on February 25, 1999. In the award, the arbitrator awarded Jones $40,195.47, itemized as follows:

Drywall Contract Damages Total $31,031.59 Painting Contract Damages Total 9,163.88 ---------- Total $40,195.47

The arbitrator also awarded The Summit Group $10,019.40, itemized as follows:

Custom Drywall System $11,453.00 E & K Drywall 21,112.00 Performance Coatings 18,800.00 Payment to Tim Rogers...