|
P0873 Stipulations in a contract should not be construed as conditions precedent unless such construction is required by clear, unambiguous language, so an agreement requiring a party seeking arbitration to make a demand within a specified period of time, but not containing language like "in no event" or "subject to" that would have made it clear that failure to make a timely, procedurally proper demand would result in a waiver of arbitration rights did not make failure to meet those procedural requirements a waiver.CitationSERVICE EMPLOYEES v CUPERTINO USD (Arbitration Condition) 131 CA4 985 [See: CCP 1281.2; CivC 1442; Platt v Andelson 6 C4 307, T/AT 1/94; St. Agnes v PacifiCare 31 C4 1187, P/AT 1/04]
|
|
