Arbitration Waiver Affirmed

Although the contract at issue in this breach of contract matter included an arbitration provision, the defendant went ahead and actively litigated the case by, among other things, filing a motion for summary judgment, propounding affirmative discovery, deposing expert witnesses and attending mediation.  Then, after 19 months of active litigation (and 4 months before trial), the defendant invoked the arbitration provision in the agreement and moved to compel arbitration.  The Court found that the defendant had waived arbitration by substantially invoking the judicial process.

Ideal Roofing v. Armbruster