Arbitration – Non-Signatory – Tort Claims – Construction Subcontract

Smith Jamison Construction v. APAC-Atlantic, Inc. (Lawyers Weekly No. 011-039-18, 12 pp.) (John Tyson, J.) Appealed from Forsyth County Superior Court (Susan Bray, J.) N.C. App.

Holding: Plaintiff’s claims against defendant Yates Construction Co. – the company that replaced plaintiff as subcontractor on a construction project – are tort claims and an unfair trade practices claim, none of which arise out of plaintiff’s subcontract with the defendant-general contractor. Therefore, Yates Construction, which was not a signatory to the contract between plaintiff and the general contractor, cannot compel arbitration based on that contract’s arbitration clause.

We affirm the trial court’s refusal to compel arbitration.