In Bentley , an insurance policy had an appraisal clause upon which disputes were to be subject. In part, the change has been fostered by a recognition of the efficiency and specialized expertise available in an arbitral forum. . . . . . . In short, the public policy of this state favors the resolution of disputes through arbitration. This Court in Bentley went on to say that plaintiff's right to a trial by jury was not abridged by the appraisal clause under the North Carolina Constitution. Thus, there is no constitutional impediment to arbitration agreements.
Plaintiffs next argue that defendants waived arbitration.
Plaintiffs base their waiver claims on the fact that defendants withheld payments, seized plaintiffs' property, barred plaintiffs from the project, and sought to have them arrested. In addition, plaintiffs say that defendants' delay in seeking arbitration should act as a waiver, and that defendants should be estopped from enforcing the provision. Waiver of a contractual right to arbitration is a question of fact. Because of the strong public policy in North Carolina favoring arbitration, courts must closely scrutinize any allegation of waiver of such a favored right. Because of the reluctance to find waiver, we hold that a party has impliedly waived its contractual right to arbitration if by its delay or by actions it takes which are inconsistent with arbitration, another party to the contract is prejudiced by the order compelling arbitration.