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Emerick Construction Co. v. Halvorson-Mason Corp.

Citations: 106 Or. App. 1; 806 P.2d 159; 1991 Ore. App. LEXIS 272Docket: A8204-02105; CA A62061

Court: Court of Appeals of Oregon; February 19, 1991; Oregon; State Appellate Court

Narrative Opinion Summary

This case involves an appeal by Halvorson-Mason Corporation following a trial court judgment based on an arbitrator's award favoring Emerick Construction Company. The parties, involved in a joint venture, disputed the application of an adjustment formula related to the development values of two property phases. An arbitrator initially ruled in favor of Emerick, but the circuit court vacated this award due to procedural discrepancies and remanded the case with specific instructions for reevaluation. Following a revised appraisal valuing Phase I at over $1,000,000, the arbitrator reaffirmed the award to Emerick, which the trial court upheld. Halvorson's appeal challenged the judicial review scope under arbitration statutes. Although the appeal led to a reversal due to the absence of a written arbitration agreement, the Supreme Court permitted Emerick to seek judgment through common law. A subsequent trial resulted in a judgment consistent with the arbitration award, affirmed upon appeal. The court upheld the arbitrator’s decision, emphasizing adherence to the stipulated definition of 'development value' as 'fair market value' and confirming the appropriateness of standard appraisal methods in assessing Phase I's value.

Legal Issues Addressed

Appraisal Standards in Arbitration

Application: The arbitrator’s directive to use Phase II as a comparable value in determining the fair market value of Phase I was upheld, emphasizing standard appraisal practices.

Reasoning: The arbitrator properly directed the appraiser to use Phase II as a comparable while allowing for necessary adjustments.

Arbitration Award and Judicial Review

Application: The court examined whether judicial review of the arbitrator’s award was limited under arbitration statutes, ultimately affirming the award as consistent with statutory guidelines.

Reasoning: The key dispute involved whether judicial review of the arbitrator's award was limited as it would be under arbitration statutes.

Common Law Action for Judgment on Arbitration Award

Application: Despite the reversal due to lack of a written arbitration agreement, the court allowed Emerick to pursue a common law action for judgment on the award, which was ultimately affirmed.

Reasoning: However, the Supreme Court allowed Emerick to pursue a common law action for judgment on the award.

Interpretation of Development Value as Fair Market Value

Application: The court found that the parties' stipulation that 'development value' referred to 'fair market value' was binding, which constrained the application of the adjustment formula.

Reasoning: The parties agreed that 'development value' referred to 'fair market value' and that the fair market value of Phase II was $560,000.