North Carolina General Statutes 50-55. Modification or correction of award
(a) Upon application made within 90 days after delivery of a copy of an award to an applicant, the court shall modify or correct the award where at least one of the following occurs:
(1) There is an evident miscalculation of figures or an evident mistake in the description of a person, thing, or property referred to in the award;
Terms Used In North Carolina General Statutes 50-55
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(2) The arbitrators have awarded upon a matter not submitted to them, and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.
(b) If the application is granted, the court shall modify or correct the award to effect its intent and shall confirm the award as modified or corrected. Otherwise, the court shall confirm the award as made.
(c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
(d) The court may award costs, as provided in N.C. Gen. Stat. § 50-51(f), of the application and subsequent proceedings. (1999-185, s. 1.)