Scherer v. Schuler Custom Homes Construction, Inc.

KITE, Justice.

[T1] Appellant Tim Scherer ("Mr. Scherer") appeals from the district court's order granting a summary judgment in favor of Schuler Custom Homes Construction, Inc. ("Schuler Custom Homes"). The district court dismissed Mr. Scherer's complaint ruling that a clause in the parties' construction contract, which provided for resolution of disputes over the contract by mediation and/or arbitration, was "applicable and should be enforced." We conclude that Schuler Custom Homes waived alternative dispute resolution, and, therefore, reverse and remand for further court proceedings.

ISSUES

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