A.H. Beck Foundation Co. v. Jones Bros.

TIMMONS-GOODSON, Judge.

The North Carolina Department of Transportation (“NCDOT”) appeals the trial court order denying its motion to dismiss the third-party complaint of Jones Brothers, Inc. (“Jones”). For the reasons discussed herein, we reverse.

The facts and procedural history pertinent to the instant appeal are as follows: In 1996, NCDOT began receiving bids for Highway Project No. 8.1631701 (“the project”), which involved the construction of a new bridge on Highway 49 over the Yadkin River at Tuckertown Lake. On 17 December 1996, Jones submitted the lowest bid for the project, and on 5…