WESLEY RETIREMENT SERVICES, INC., Appellee, vs. HANSEN LIND MEYER, INC., Appellant., 594 N.W.2d 22

Summary

In a written contract that contained an arbitration clause, appellant agreed to provide architectural services for a facility being built by appellee. A dispute developed between the parties. Appellee filed suit, alleging breach of contract and negligent performance of contractual duties. After mediation proved unsuccessful, appellant filed a motion to compel arbitration. The court ordered arbitration of appellee's contract claims, but denied arbitration of the tort claim. Appellant argued on appeal that the trial court abused its discretion in refusing to order arbitration of appellee's tort claim. Appellee cross-appealed, challenging the portion of the trial court's decision that ordered arbitration of the contract claims. The appellate court affirmed. The district court correctly ruled that Iowa Code § 679A.1(2)(c) did not permit arbitration of appellee's tort claim. Further, the evidence supported the district court's finding that appellant did not waive its right to arbitration of...