Cencomp, Inc. v. Webcon, Inc.

CALABRIA, Judge.

Plaintiffs, Cencomp, Inc., d/b/a Phillips Iron Works and Ted Cihos d/b/a Phillips Iron Works (collectively “Phillips”), were subcontractors of defendant Webcon, Inc. (“Webcon”) on a construction project related to a sewer line for the City of Roxboro (“the City”). Defendant International Fidelity Insurance Company (“Fidelity”) was the payment bond surety on the project.

On 11 December 2000, Phillips filed suit against Webcon asserting breach of contract and quantum meruit claims, and against Webcon and Fidelity asserting a payment bond claim pursuant to N.C. Gen. Stat. § 44A-26…