Rhodes v. Benson Chrysler-Plymouth, Inc.

KITTREDGE, J.:

Benson Chrysler-Plymouth, Inc. appeals the denial of its motion to compel arbitration. We affirm. 1 We hold a party waives its right to enforce an arbitration provision when it delays in demanding arbitration and engages in extensive discovery resulting in prejudice to the party opposing arbitration.

I

In April 2005, Brandi Rhodes sued Benson Chrysler-Plymouth, Inc. (Benson) for breach of contract in connection with the purchase of a vehicle. 2 Benson answered, pleading the contract contained an arbitration provision that encompassed Rhodes’ allegations. Benson, however, did not…