arbitration in the following manner: The party seeking arbitration shall submit to the other party a statement of the issue(s) to be arbitrated and shall designate such party’s nominated arbitrator.” Otis Hous. Ass’n v. Ha, 140 Wn. App. 470, 472, 164 P.3d 511 (2007), aff’d, 165 Wn.2d 582 (2009). This clause explicitly makes arbitration a condition precedent to suit. But, the contract nowhere precluded waiver or required waiver by the other party to be in writing. Though the facts differ, Otis Housing stands for the proposition that even where arbi tration is a precondition to suit, arbitration may be waived by the conduct of the parties, absent language to the contrary. See 165 Wn.2d at 587; see also Detweiler v. J.C. Penney Cas. Ins. Co., 110 Wn.2d 99, 101, 111-12, 751 P.2d 282 (1988) (<HOLDING>). Moreover, Otis Housing recognized waiver of
holding plaintiff waived right to arbitration by not simultaneously requesting a stay and an order of arbitration at the time of the complaint holding that insurer waived uninsured motorist endorsement requiring arbitration of liability and damages where it never demanded arbitration during four years of litigation holding that in the context of uninsured motorist disputes where the insurance endorsement provides for arbitration only upon the agreement of both parties the insureds could not unilaterally compel insurer to arbitrate holding that party waived public policy challenge by failing to raise it during arbitration holding that after two years of litigation the employer had waived any right it had to compel arbitration