Gary Excavating Co. v. North Haven
In Gary Excavating Co. v. North Haven, 163 Conn. 428, 311 A.2d 90 (1972) an appeal arose out of a contract dispute in which the plaintiff sought additional compensation. Gary Excavating Co. v. North Haven, supra, 163 Conn. at 429.
The dispute went to arbitration, and on June 23, 1969, an arbitration panel awarded the plaintiff $ 150,000. Id. On September 3, 1970, the plaintiff sought to vacate the arbitration award. Id.
The Superior Court granted the motion, and the award was vacated. Id. The defendants appealed, and on March 2, 1971, our Supreme Court reversed the order to vacate, setting aside the judgment and ordering the Superior Court to render judgment confirming the arbitration award of $ 150,000. Id.
On November 26, 1971, the plaintiff sought to confirm the arbitration award and sought interest from June 23, 1969, the date of the original award, or, in the alternative, from March 2, 1971, the date of the Supreme Court's mandate. Id., at 429-30.
The Superior Court rendered judgment for $ 150,000 on December 3, 1971, but refused to award interest on that sum. Id., at 430.
The plaintiff appealed from the Superior Court's refusal to order the payment of interest. The Supreme Court, on appeal, held that the plaintiff was entitled interest "from the date of judgment on the award and . . . the effective date of the judgment was the date of . . . our mandate 'to render judgment confirming the award.'" Id., at 432.
In Gary Excavating Co., the party seeking to vacate the arbitration award caused the delay and the accrual of interest. In that case, had the plaintiff not sought to vacate the arbitration panel's award to him, interest on the award would not have accrued for a two year period.