Nello L. Teer Co. v. Jones Bros., Inc.

MARTIN, Chief Judge.

The North Carolina Department of Transportation (“NCDOT”) initiated public highway construction projects to widen a 12-mile segment of U.S. Highway 15-501 in Chatham and Orange Counties. In January 2001, NCDOT contracted with Jones Brothers Incorporated (“Jones Bros.”) to perform the work, the completion of which was originally scheduled for thirty-five months. Jones Bros, subcontracted all of the paving work for the project to Nello L. Teer Company (“Teer”). All facets of construction were to be performed in accordance with NCDOT’s contract and Teer agreed to be bound by…