In a case concerning a construction contract for two road projects in Raleigh, North Carolina, a general contractor’s surety was successfully sued by a drilling subcontractor for lack of payment on both projects. Following trial, the surety appealed the trial court’s denial of its motion to compel arbitration, asserted on the basis of the arbitration clause in the subcontract. Considering the appeal, the court noted that denial of a motion to stay pending arbitration is interlocutory in North Carolina, but it is immediately appealable under the North Carolina Uniform Arbitration Act (NCUAA), the Federal Arbitration Act (FAA), and under N.C.G.S. § 1-277(a) because it affects a substantial right. The court ruled that, while immediate appeal is permissive, not mandatory, the failure to appeal, and a party’s subsequent engagement in “protracted litigation, including a full bench trial,” is prejudicial to an opposing party. Citing Cyclone Roofing Co. Inc. v. LaFave Co., 321 S.E.2d 872, 876 (N.C. 1984), the court found that the surety had effectively waived any contractual right to arbitration and denied the appeal. Gemini Drilling and Found., LLC v. Nat’l Fire Ins. Co. of Hartford, 665 S.E.2d 505 (N.C. App. 2008).