Guardian Builders, LLC, and E. Wayne Tackett v. Randy Uselton and Melissa Uselton

Summary

The court held that the arbitrator exceeded his authority by awarding attorney fees and arbitration fees in addition to the Useltons' substantive damages. The arbitration agreement and governing BBB rules limited remedies to those permitted by Alabama law, and the agreement expressly required both parties to pay the arbitration fees. The judgment was reversed and remanded for subtraction of those fees from the award. Justice Murdock concurred in the rationale in part, and Chief Justice Moore concurred in part and dissented in part, principally disagreeing with reversal of the arbitration-fee award.