Justice BRESLIN delivered the opinion of the court:
The issue on appeal is whether a party to a construction contract waives its contractual right to compel arbitration when it files a mechanics lien then requests arbitration, but subsequently files an action pursuant to section 34 of the Mechanics Lien Act (Act) (770 ILCS 60/34 (2000)) and immediately filed a stay thereof. We hold that under these circumstances it does not waive its right to arbitrate the dispute...
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