Professional Construction, Inc., et al. v. Historic Walnut Square, LLC

── Professional Construction, Inc., et al. v. Historic Walnut Square, LLC ── Case No.: 23A-PL-00654 Court: Indiana Court of Appeals Date: December 27, 2023 Author: Judge Robert Altice County of Origin: Marion Category: Civil Decision: Reversed and Remanded Judge May and Judge Foley concur Case Summary Professional Construction, Inc. (Contractor) and West Bend Mutual Insurance Company (Surety) (collectively, Appellants) bring this interlocutory appeal of the trial court’s denial of their motion to enforce arbitration agreement and stay litigation in a lawsuit brought by Historic Walnut Square, LLC (Owner). Appellants present the following restated issues for review: 1. Did the trial court properly determine that Contractor waived its contractual right to demand arbitration by filing suit against Owner in Wisconsin? 2.