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Home / Courts / Arbitration – Breach of Warranty – Real Property – Improvements – Massachusetts Venue (access required)

Arbitration – Breach of Warranty – Real Property – Improvements – Massachusetts Venue (access required)

Wake County Board of Education v. Dow Roofing Systems, LLC G.S. § 22B-2 does not apply to a warranty given after the warranted products were attached to real property in North Carolina. Even if § 22B-2 did apply, pursuant to the Supremacy Clause of the U.S. Constitution, the state statute is pre-empted by the Federal Arbitration Act. Plaintiff’s claims are dismissed without prejudice so the parties can arbitrate their dispute in Massachusetts.

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