Breach of Contract Cases
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Breach of Contract

North CarolinaArbitrationBreach of ContractConstruction Law
North Carolina Court of Appeals
Uncategorized

Snipes Concrete — FAA requires enforcement of Michigan arbitration forum

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The published panel reversed and ordered enforcement of the agreed Michigan forum. Because the subcontract involved interstate commerce, the Federal Arbitration Act applied and preempted North Carolina’s contrary forum restriction. General equitable concerns and efficiency could not override the FAA’s command that arbitration agreements be enforced according to their terms.

North CarolinaBreach of ContractCivil ProcedureMunicipal Law
North Carolina Court of Appeals
Uncategorized

Outer Banks Ventures, Inc. v. Currituck County — Developer’s 1986 Water and Sewer Reimbursement Agreement Not an Installment Contract; Claims Against County Time-Barred

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The North Carolina Court of Appeals affirmed summary judgment dismissing a developer’s twelve-year-old breach-of-contract claim against Currituck County under an assumed water and sewer reimbursement agreement, holding that the 1986 developer agreement was not an installment contract because the county’s payment obligation was contingent on its own decision to connect customers, making the consideration unified and all claims time-barred under N.C. Gen. Stat. § 1-53(1)’s two-year limitations period.

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