Advertising Disclosure Email Disclosure

No individual liability for an owner in an arbitration, despite the fact he failed to raise a timely objection to his inclusion in the arbitration, because the arbitrator did not set forth a legal basis for individual liability.

January 1, 2011
Sciamarelli v. Semet, 2010 N.J. Super. Unpub. LEXIS 1019 (App. Div. May 10, 2010) (Unpublished opinion)

In this case, the homeowner was alleging a breach of contract for the repair and remodeling of a home. The homeowner’s arbitration demand named both the contracting company as well as its owner individually. The owner never objected to his personal inclusion in the arbitration until his pre-hearing brief was filed, and the arbitrator issued an award against both the company and the owner. When the owner challenged the award as to him personally, the law division judge ordered the arbitrator to provide additional details as to why the award was entered against the owner as well as the company. In response, the arbitrator stated little more than the fact that the owner had been a party to the arbitration all along. The court found this to be insufficient to impose liability upon the owner individually. The Appellate Division affirmed, adding that, although the owner failed to raise a timely objection to his inclusion in the arbitration the Rules of the American Arbitration Association, the arbitrator did not set forth a legal basis for individual liability and, therefore, no such liability would attach.

Case Law Alert - 1st Qtr 2011

Affiliated Attorney

Sunny Marie Sparano
Shareholder
(973) 618-4105
smsparano@mdwcg.com

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."