Legal Opinion
Servomation Corp. v. Hickory Construction Co.
Supreme Court of North Carolina
Decided May 6, 1986No. 298PA85PublishedCited by 33 opinions
1Opinion of the Court
BRANCH, Chief Justice.
The sole question presented by this appeal is whether defendant waived its right to compulsory arbitration. We hold that it has not.
N.C.G.S. § l-567.2(a) provides that an arbitration agreement is valid, enforceable and irrevocable unless the parties agree to the contrary.
The leading case on arbitration in North Carolina, Cyclone Roofing Co. v. Lafave Co., 312 N.C. 224, 321 S.E. 2d 872, teaches that arbitration is a contractual right which may be waived. However, the mere filing of a complaint or answer does not result in waiver of arbitration absent evidence showing…
2Cases cited3 opinions
- Maxum Foundations, Inc. v. Salus Corp.Court of Appeals for the Fourth Circuit · 1985
- Cyclone Roofing Co. v. David M. LaFave Co.Supreme Court of North Carolina · 1984
- Atsa of California, Inc., Plaintiff/cross-Claimant/appellant v. Continental Insurance Co., Etc. v. Cairo General Contracting Co., Cross-Defendant/appellee. Hamed Abulhassan, Counter-Defendant/appellant v. Cairo General Contracting Co., Cross-Defendant/appelleeCourt of Appeals for the Ninth Circuit · 1983
3Cited by33 opinions
- Johnston County v. R. N. Rouse & Co.Supreme Court of North Carolina · 1992
- Prime South Homes, Inc. v. ByrdCourt of Appeals of North Carolina · 1991
- Bentley v. North Carolina Insurance Guaranty Ass'nCourt of Appeals of North Carolina · 1992
- Baker & Taylor, Inc. v. AlphaCraze. Com Corp.Court of Appeals for the Second Circuit · 2010
- Ruffin Woody & Associates, Inc. v. Person CountyCourt of Appeals of North Carolina · 1988
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