O'Neal Construction, Inc. v. Leonard S. Gibbs Grading, Inc.

LEWIS, Judge.

This action arises out of a dispute between plaintiff, a general contractor, and defendant, a subcontractor, over defendant’s performance under the subcontract.

In January 1992, plaintiff and the Durham County Board of Education entered into a contract (“prime contract”) for plaintiff to act as general contractor to build Forest View Elementary School (formerly Hope Valley Elementary School) in Durham, North Carolina. This contract contained provisions that required arbitration of disputes upon demand of either party.

In February 1992, plaintiff and defendant entered into a…