S-21-0797 Kingery Construction Company, a Nebraska Corporation v. 6135 O Street Car Wash, LLC
Appeal from the District Court for Lancaster County, Judge Lori A. Maret
Attorneys: Brian S. Koerwitz (Endacott, Peetz, Timmer, Koerwitz Law Firm for Appellee) and Jordan W. Adam (Fraser Stryker Law Firm for Appellant)
Civil: Breach of contract and binding mediation
Proceedings Below: Appellee filed a breach of contract claim against Appellant, and Appellant filed a Motion to Dismiss for Appellee’s failure to follow the binding mediation clause in the contract. The district court sustained Appellee’s Motion to Stay the Proceedings and Compel Arbitration.
Issue: In its assignment of errors, Appellant alleges that the district court erred in: 1) reversing its order to stay the arbitration, staying the litigation, and compelling arbitration because the Appellee, Kingery Construction Company, waived its contractual right to arbitration, and 2) concluding prejudice is a requirement for proving a party has waived its contractual right to arbitration.