Hedges v. Conder

Appellee, Wesley Retirement Services, Inc., filed suit against appellant, Hansen Lind Meyer, Inc. (HLM), alleging two contract claims and one tort claim arising out of HLMs performance of architectural services for Wesley. HLM filed a motion to compel arbitration, which the district court granted as to the contract claims and denied as to the tort claim. HLM appeals, asserting the court erred in ruling that tort claims were not subject to arbitration under Iowa Code chapter 679A (1997). Wesley cross-appeals from that part of the courts decision ordering arbitration of the contract claims, arguing HLM waived its contractual right to demand arbitration. Finding no basis for reversal, we affirm.