James Clawson contracted with Habitat, Inc., to build a retaining wall and driveway at his home. The

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James Clawson contracted with Habitat, Inc., to build a retaining wall and driveway at his home. The contract contained an arbitration clause. A dispute arose regarding the construction, and the matter was submitted to binding arbitration. The parties continued negotiation throughout the arbitration process. When it appeared that they were close to a settlement, they entered into a new agreement. The new agreement provided that the parties would retract the arbitration if they could negotiate a settlement by 3:00 P.M. on October 21, 1988. Clawson and Habitat disagreed about whether an agreement had been reached by that date. The arbitrator’s decision was released on November 1, 1988. Both parties filed motions in the circuit court, Habitat to confirm the award, and Clawson to vacate the award. Should the circuit court confirm the award?

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