§ 78B-11-125. Modification or correction of award.

(1) Upon motion made within 90 days after the movant receives notice of the award pursuant to Section 78B-11-120 or within 90 days after the movant receives notice of a modified or corrected award pursuant to Section 78B-11-121, the court shall modify or correct the award if:

(a) there was an evident mathematical miscalculation or an evident mistake in the description 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 the award 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 on the claims submitted.

(2) If a motion made under Subsection (1) 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.

(3) A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.

Renumbered and Amended by Chapter 3, 2008 General Session