C. W. Matthews Contracting Co. v. State

JOHNSON, Judge.

The question presented for review is whether the trial court erred in granting defendant’s motion to dismiss. The resolution of this issue involves the interpretation of the procedural effect of G.S. 136-29.

G.S. 136-29 provides, inter alia,(a) Upon the completion of any contract for the construction of any State highway awarded by the Department of Transportation to any contractor, if the contractor fails to receive such settlement as he claims to be entitled to under his contract, he may, within 60 days from the time of receiving his final estimate, submit to the State Highway…