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You know the often used, all-important saying in real estate - "Location, location, location"? Well, in the law the equivalent mantra should be: "Time, time, time."
Case in point: Back in 2006, homeowners Dennis Riddick and Sylvia Riddick filed suit against the contractor of their home. The contractor, Williams & Bowling Developers, LLC, asked the court to move the case to arbitration, which it did. The arbitration was held and the arbitrator issued an award in the Riddicks' favor on April 7, 2007. Let's stop right here.
Under Georgia law, when you receive an award in an arbitration proceeding you must have it confirmed (i.e., made "official") with a court. It then becomes a judgment of the court, which gives you the power to enforce it (i.e., garnish the other guy's wages, or do whatever else courts can do to help you get paid). Some people - even if they lose in an official proceeding such as arbitration - just won't pay you unless they are made to by a court of jurisdiction. And even then, they may fight it out. I'm not saying that's what happened in this case, I'm just pointing out the reality, folks. But to even get to the point where one is able to enforce an arbitration award with a court, one must follow the applicable deadlines set forth in the law. Georgia law states that you must file your petition to confirm the arbitration award within one year of the award date. (O.C.G.A. Section 9-9-12). OK - back to the story.
About a year later, on April 21, 2008, the court ordered the parties to get clarification from the arbitrator on a procedural issue. The arbitrator gave a response on a document dated May 28, 2008. However, the parties did not receive the response until May 6, 2009. About eight months later, on January 7, 2010, the Riddicks filed their petition to have the award confirmed.
What do you think happened? The court ruled, and the Court of Appeals agreed, that the petition was too late. The Riddicks made arguments for the delay, but the courts rejected them all. They were out of luck.
So what's the lesson here? In the law, time is everything. This case demonstrates that time is even more important than who wins. It is so easy to get caught up in our daily lives to remember everything it is we have to do. But the courts are not forgiving. If you ever find yourself in litigation, make sure that you understand the applicable deadlines. Ask your lawyer upfront. And hound your lawyer up until the deadline comes. You'll be glad you did.
The case is Riddick v. Williams & Bowling Developers, LLC, (Ga. Court of Appeals, 9/14/11).
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