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SERVOMATION CORP. v. HICKORY CONST. CO.

No. 298PA85.

342 S.E.2d 853 (1986)

SERVOMATION CORPORATION, Plaintiff, v. HICKORY CONSTRUCTION COMPANY, Defendant and Third Party Plaintiff, v. MILLER-BROOKS ROOFING COMPANY, Third Party Defendant.

Supreme Court of North Carolina.

May 6, 1986.

Attorney(s) appearing for the Case

Rudisill & Brackett, P.A. by J. Richardson Rudisill, Jr., and Keith Bridges, Hickory, for plaintiff-appellee.

Patrick, Harper & Dixon by Stephen M. Thomas, Hickory, for defendant-appellant.

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. § 1-567.2(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,

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