North Carolina Business Litigation Report

American Drywall Construction, Inc. v. Superior Construction Corp., November 19, 2008 (Jolly)(unpublished)

This case enforced an arbitration provision, even though the Plaintiff had never signed the agreements which contained the arbitration provision. 

A Motion to Compel Arbitration was granted, because the Plaintiff had done the work described in the agreements and was seeking payment pursuant to those agreements, it had submitted applications for payment pursuant to the terms of the agreements and accepted some payment, and it had signed an addendum to one of the agreements which referenced the agreement containing the arbitration provision.

Among other things, the Court noted that "much like the case of Real Color Displays, Inc. v. Universal Applied Techs., 950 F. Supp. 714 (E.D.N.C. 1997), Plaintiff's conduct demonstrates that it intended to be bound by the Subcontracts, including the Arbitration Clause."

Full Opinion

 

Brief in Support of Motion to Compel Arbitration

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Mack Sperling
Brooks Pierce, LLP
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