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ARTICLE · 02 NOVEMBER 2021

Waiver Through Litigation Conduct Found After Challenge To Arbitration

Freeman Mathis & Gary
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In LMH-Lane Cabot Yard Joint Venture v. Mass. Electric Construction Co., Unpublished (Suffolk County Superior Court Civil Action No. 2184CV02019) (Mass. Super. Ct. Sept. 22, 2021) (Ricciuti, J.)

United StatesLitigation, Mediation & Arbitration
William Gildea
William Gildea

In LMH-Lane Cabot Yard Joint Venture v. Mass. Electric Construction Co.,  Unpublished (Suffolk County Superior Court Civil Action No. 2184CV02019) (Mass. Super. Ct. Sept. 22, 2021) (Ricciuti, J.), the Massachusetts Superior Court denied a Plaintiff's application to stay arbitration after finding the Plaintiff waived its objection to arbitration through litigation conduct.  The Court found that Plaintiff's conduct insisting on mediation after receiving the initial arbitration demand was an admission that the arbitration provision in its contract with the Defendant applied to the dispute.  Parties and counsel should take note of this decision and be cognizant to not waive rights through conduct early in litigation. 

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