Middlesex Construction Corp. v. State Ex Rel. State Art Museum Building Commission

MEYER, Justice.

At issue is whether the trial court erred in denying defendant’s motions to dismiss. The resolution of this issue involves the interpretation of and the interaction between a statutory provision, G.S. § 143-135.3, and the judicial prescript enunciated in Smith v. State, 289 N.C. 303, 222 S.E. 2d 412.

In Smith, this Court wrote:

We hold, therefore, that whenever the State of North Carolina, through its authorized officers and agencies, enters into a valid contract, the State implicitly consents to be sued for damages on the contract in the event it breaches the contract.

Id. at…