Escolar Documentos
Profissional Documentos
Cultura Documentos
2d 809
The district court ruled that the delay in requesting arbitration and the defensive
response to the filed claim did not constitute waiver. This ruling is supported by
the record, there having been no showing of prejudice. It is also in accord with
the policy favoring arbitration. Hilti v. Oldach, 392 F.2d 368, 372 (1st Cir.
1968).
3
The subcontractor claims, for the first time on appeal, that a separate suit
previously brought by the general contractor against the subcontractor waived
the surety's right to seek arbitration here. This claim was not presented to the
district court and is not properly before us