Linsenmayer v. Omni Homes, Inc.

HUNTER, Judge.

This case arises out of a construction contract dated 16 August 2005, which contained an arbitration clause. After a dispute over Omni Homes, Inc. and Stephen McCarthy’s (“defendants”) quality of workmanship and expenditures, Gary and Charlene Linsenmayer (“plaintiffs”) filed a Complaint in Gaston County Superior Court on 1 September 2006. On 21 September 2006, Stephen McCarthy, acting pro se for defendants, answered the complaint and filed a counter suit against plaintiffs. Mr. McCarthy listed arbitration as defendants’ first prayer for relief.

On 4 October 2006, plaintiffs…