Miller Building Corp. v. NBBJ North Carolina, Inc.

GREENE, Judge.

Miller Building Corporation (plaintiff) appeals from the trial court’s order allowing judgment on the pleadings for NBBJ North Carolina, Inc. and William C. Johnson (defendants) based on “estop-pel by record” and election of remedies. Defendants cross-assigned error from the failure of the trial court to enter a judgment on the pleadings based on their statute of limitations defense.

The relevant facts are as follows: On 13 December 1991, the plaintiff entered into a contract with Raleigh Parking Decks Associates, Inc. (RPDAI) to construct a multi-level parking deck, maintenance…