Nunnery v. Brantley Construction Co., Inc.

(dissenting):. I disagree with the majority’s holding that Brantley’s claim for arbitration is barred by principles of res judicata. In disagreeing, I view the facts somewhat differently from the majority.

*212The record before us contains no live testimony, but only the pleadings and affidavits of several persons.1 As I view the pleadings,. contract and affidavits, the following facts appear.2 Brantley and Nunnery entered into a contract that required Nunnery to install a new roof on a Navy building. Nunnery installed the roof defectively, thus requiring Nunnery to perform certain repairs to it.…