Phil Wooden Homes, Inc. v. Ladwig

Barnes, Judge.

Phil Wooden Homes, Inc. (“Wooden Homes”) appeals from the trial court’s order dismissing its lawsuit and ordering it to submit to mandatory arbitration. We reverse, because the defendants, Randy and Sheila Ladwig, waived their right to mandatory arbitration by inconsistent conduct, i.e., by asserting a counterclaim and by obtaining discovery from Wooden Homes before asserting their right to mandatory arbitration.

The record shows that Wooden Homes filed suit against the Ladwigs on March 8, 2002, alleging the Ladwigs failed to pay for “extras” they requested on the home built for…