Kingery Construction Company v. 6135 O Street Car Wash, LLC

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Kingery Construction Company v. 6135 O Street Car Wash, LLC

Case Number
Call Date
April 27, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0797 Kingery Construction Company, a Nebraska Corporation v. 6135 O Street Car Wash, LLC

Appeal from the District Court for Lancaster County, Judge Lori A. Maret

Attorneys: Brian S. Koerwitz (Endacott, Peetz, Timmer, Koerwitz Law Firm for Appellee) and Jordan W. Adam (Fraser Stryker Law Firm for Appellant)

Civil:  Breach of contract and binding mediation 

Proceedings Below: Appellee filed a breach of contract claim against Appellant, and Appellant filed a Motion to Dismiss for Appellee’s failure to follow the binding mediation clause in the contract.  The district court sustained Appellee’s Motion to Stay the Proceedings and Compel Arbitration. 

Issue: In its assignment of errors, Appellant alleges that the district court erred in: 1) reversing its order to stay the arbitration, staying the litigation, and compelling arbitration because the Appellee, Kingery Construction Company, waived its contractual right to arbitration, and 2) concluding prejudice is a requirement for proving a party has waived its contractual right to arbitration.

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