Contract – Arbitration – Waiver After Litigation

By Deborah Elkins
Published: January 27, 2009

The 4th Circuit says a defendant modular home contractor waived its right to compel arbitration of a buyer’s warranty claims because the contractor waited until the eve of trial, after two years of pretrial motions and a jury verdict against it in another case, but on the same warranty and in the same court, to assert the arbitration clause.
Forrester v. Penn Lyon Homes Inc. (USCA) (VLW 009-2-024) (7 pp.)