78B-11-125 - Modification or correction of award.
78B-11-125. Modification or correction of award.
(1) Upon motion made within 90 days after the movant receives notice of the awardpursuant to Section 78B-11-120 or within 90 days after the movant receives notice of a modifiedor corrected award pursuant to Section 78B-11-121, the court shall modify or correct the awardif:
(a) there was an evident mathematical miscalculation or an evident mistake in thedescription of a person, thing, or property referred to in the award;
(b) the arbitrator has made an award on a claim not submitted to the arbitrator and theaward may be corrected without affecting the merits of the decision upon the claims submitted;or
(c) the award is imperfect in a matter of form not affecting the merits of the decision onthe claims submitted.
(2) If a motion made under Subsection (1) is granted, the court shall modify or correctand confirm the award as modified or corrected. Otherwise, unless a motion to vacate ispending, the court shall confirm the award.
(3) A motion to modify or correct an award pursuant to this section may be joined with amotion to vacate the award.
Renumbered and Amended by Chapter 3, 2008 General Session