Pierre Pons, et al v. Barry Harrison d/b/a B. Harrison Housewrights

Defendant Homebuilder left plaintiff Homeowners’ job site before completing construction of their residence. Homebuilder appeals the chancery court’s confirmation of an adverse arbitration award, arguing that the arbitrator exceeded his authority by refusing to enforce a provision of the contract that would have rendered the plaintiff Homeowners’ suit time barred. The limitation provision applied to suits for defective improvements to real estate. The gravamen of this breach of contract action was partial performance, not defective performance. Further, the arbitrator awarded to Homeowners the cost to complete the construction plus interest, attorney’s fees, and arbitration costs. Finding that the limitation period does not apply to this action, we affirm.