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Joseph S. Rechlicz, et al. v. Price Point Builders, LLC
No. 25A-PL-1071
Interlocutory appeal from the Lake Superior Court, Judge John M. Sedia. Affirms the trial court’s order compelling arbitration of the Rechliczes’ claims against Price Point Builders arising from alleged construction defects in their home. Holds the limited warranty agreement between the parties contains a mandatory arbitration provision requiring that breach-of-warranty claims “shall be resolved by arbitration,” and that the homeowners’ claims fall within that agreement rather than the construction agreement’s optional arbitration clause. Further holds Price Point did not waive its right to compel arbitration by participating in litigation for 14 months before filing its motion, where the case had made little substantive progress – in part due to a clerical error with the court’s electronic filing system – no dispositive rulings on the merits had occurred, and Indiana law does not require a showing of prejudice to establish waiver. Concludes the trial court properly denied the motion to correct error and stayed proceedings pending arbitration. Appellants’ attorneys: Megan L. Craig; John R. Craig. Appellee’s attorneys: Nathan D. Vis; Edward R. Ricci Jr.
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