Modification or correction of award.

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(1) Upon motion made within ninety-one days after the movant receives notice of the award pursuant to section 13-22-219 or within ninety-one days after the movant receives notice of a modified or corrected award pursuant to section 13-22-220, the court shall modify or correct the award if:

  1. There is an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;

  2. 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

  3. The award is imperfect in a matter of form not affecting the merits of the decision onthe claims submitted.

  1. If a motion made under subsection (1) of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.

  2. A motion to modify or correct an award pursuant to this section may be joined with amotion to vacate the award.

Source: L. 2004: Entire part R&RE, p. 1729, § 1, effective August 4. L. 2012: IP(1) amended, (SB 12-175), ch. 208, p. 824, § 8, effective July 1.

Editor's note: This section is similar to former § 13-22-215 as it existed prior to 2004.


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