Lamell Lumber Corporation v. Newstress International, Inc.

Summary

The Vermont Supreme Court affirmed a jury verdict awarding Lamell Lumber $100,000 against Newstress International for breach of contract, breach of implied warranty, and negligence arising from a deteriorating precast-concrete lumber-drying kiln. The court held that the contract's arbitration clause did not divest the superior court of subject matter jurisdiction and that Newstress waived any right to arbitrate by actively litigating for roughly two years before demanding arbitration on the eve of trial. It also held that the six-year limitations period of 12 V.S.A. § 511, not the UCC's four-year period, applied because the mixed goods-and-services contract was predominantly for design and construction services, and it found no error in the negligence submission, the damages instruction, the exclusion of defense experts, or the monetary sanction imposed on Newstress. No separate opinions were filed.