Sommer v. Anthony J. Quarant Contracting, Inc.

This proceeding to stay arbitration presents the question of whether arbitration has been waived by the filing of a notice of mechanic’s lien, where the contract between the parties contained a lien waiver provision. The facts are not in dispute. The respondent-appellant contracted to do excavation and foundation work. The written agreement contained a broad arbitration clause and in addition, provisions waiving the right to file any lien or claim against the premises. Nevertheless, when disputes arose, the appellant filed a notice of lien and subsequently served a demand for arbitration.…