James River Equipment, Inc. v. Tharpe's Excavating, Inc.

HUDSON, Judge.

On 30 August 2004, the trial court dismissed plaintiff’s tort, contract, and equity claims against defendants Mecklenburg Utilities, Inc., (“Mecklenburg”) and the Orange County Board of Education (“the Board”), with prejudice. Plaintiff appeals. We affirm in part and reverse in part and remand.

In 2000, the Board entered a contract with Mecklenburg for grading services for construction of a new high school. Under the contract, Mecklenburg would furnish the payment bond required by state law; Mecklenburg procured a payment bond from Amwest Surety Insurance Company (“the surety”).…