Town of Danvers v. Wexler Construction Co.

This is an appeal from the Superior Court’s refusal to stay proceedings on a third-party complaint pending arbitration. We conclude that a stay should have been granted.

The parties have agreed on the facts. The underlying dispute arose out of a construction contract for renovations *161and an addition to the Danvers High School. The town (the owner of the school) brought suit against Wexler, the general contractor, and seven other defendants, including certain subcontractors and material suppliers, on theories of breach of contract, negligence and product liability. Wexler served cross claims on…