We, therefore, hold that Owners' interpretation of our holding in Nealy is overly expansive and does not compel the same result. In sum, we hold that the parties' agreement mandates that all disputes arising out of the contract or the breach thereof be submitted to compulsory arbitration, without regard to whether the claims sound in tort or contract. Further, we find that the underlying tort claims at issue arise out of the building contract or the alleged breach thereof. We, therefore, reverse the trial court's order denying Builder's preliminary objection in the nature of a motion to compel arbitration. Case remanded to the Court of Common Pleas of Allegheny County with instructions to enter an order granting Christopher J. Kaclik, Inc.'s motion to compel arbitration and dismissing Richard and Shirley Shadduck's complaint.
Jurisdiction is relinquished.