Shepler Construction, Inc. v. Leonard

¶1 Shepler and the Leonards appear before this court on their third appeal in this case. In 2006, this court reversed a summary judgment order dismissing the Leonards’ construction defect counterclaims. In 2009, we held that both parties waived arbitration, affirming the trial court’s denial of the Leonards’ motion to compel arbitration. We noted that the parties did not waive their underlying claims. Nevertheless, the trial court on remand barred the Leonards from asserting any counterclaim that should have been submitted to arbitration under the contract’s dispute resolution provision. We…