Section 126-86 - Civil actions for injunctive relief or other remedies. Actions to recover damages for breach of a contract to construct or repair an improvement to real property;. 2.To be eligible for court-ordered arbitration, a dispute must have been filed as a complaint in the North Carolina court system. The court shall also grant such equitable relief as is proper, including a declaratory judgment and injunctive relief. Defendants' counterclaim for injunctive relief must be dismissed because the underlying counterclaims are subject to dismissal. (Pls. Crow, 319 N.C. at 282-84, 354 S.E.2d at. 465-66. •. A mere variation in damages among the prospective class plaintiffs is not a bar to class certification. Plaintiffs seek declaratory and injunctive relief against Defendant's future enforcement of North Carolina's UPL statutes, N.C. Gen. Stat. The short answer to your question is yes. This Agreement will then be filed as part of.