[U] Weinberg v. Brookings

When a party to arbitration asks the court to confirm the award, the court must grant the request, unless the award has been vacated, modified, or corrected as statutorily provided. Because appellant Weinberg did not note or serve a motion to vacate, modify, or correct the award within the statutory time limits, he cannot show that the trial court erred in confirming it. And we do not consider his contention that the trial court erred in releasing the funds, because his argument based on CR 62 is raised for the first time on appeal. The judgment and order are affirmed, and respondent Brookings is awarded his fees on appeal. Brookings contracted with Weinberg in October, 2002, to build a road on Weinbergs property. The contract provided that all disputes under the contract would be decided by binding arbitration under the Construction Industry Arbitration Rules of the American Arbitration Association.