Badger Contracting

This case is about a home-remodeling job. The contractor claimed that the homeowners still owed it money for extras on the job, and the homeowners counterclaimed that the contractor owed them a refund for "credits against the contract." The dispute lead to arbitration, after which the arbitrator awarded judgment to the contractor. On appeal, the contractor claims that it should have been awarded attorneys fees. The homeowners cross-appeal, claiming that the circuit court erred in not confirming the arbitrators amended award and that the circuit court should have dismissed the contractors case for allegedly being commenced after the contractual limitation period. Additionally, the homeowners move this court for attorneys fees, asserting that the contractors appeal is frivolous. The issues on appeal are controlled by Finkenbinder v. State Farm Mut. Auto Ins. Co., 215 Wis. 2d 145, 572 N.W.2d 501 (Ct. App. 1997). The cross-appeal involves a discretionary decision of the circuit court, which we uphold. We affirm, but do not find the contractors appeal frivolous.