Legal Opinion

Town of Pineville v. Atkinson/Dyer/Watson Architects, P.A.

Court of Appeals of North Carolina

Decided April 19, 1994No. 9226SC1249PublishedCited by 7 opinions

1Opinion of the Court

WYNN, Judge.

On 19 August 1987 the plaintiff- Town of Pineville, North Carolina, a municipal corporation, entered into a construction contract with the Fox Firm, Inc. (hereinafter “Fox”) as general contractor to build the town’s Belle Johnston Community Center. The contract required Fox to provide a performance bond. On 6 October 1987, defendant Fidelity and Deposit Company of Maryland (hereinafter “F & D”) issued a performance bond to Fox, under which it agreed to act as surety securing Fox’s performance as a general contractor. The bond stated that any action pursuant to it must be…

2Cases cited8 opinions

  1. Charlotte Telecasters, Inc., and North Carolina Cable, Inc., Television Presentations, Inc. v. Jefferson-Pilot CorporationCourt of Appeals for the Fourth Circuit · 1976
  2. Nowell v. Great Atlantic & Pacific Tea CompanySupreme Court of North Carolina · 1959
  3. Duke University v. StainbackSupreme Court of North Carolina · 1987
  4. Pyco Supply Co. v. American Centennial InsuranceSupreme Court of North Carolina · 1988
  5. Horne-Wilson, Inc. v. . Surety Co.Supreme Court of North Carolina · 1932

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3Cited by7 opinions

  1. Badgett v. Federal Express Corp.District Court, M.D. North Carolina · 2005
  2. Upadhyay v. SethiDistrict Court, S.D. New York · 2012
  3. Brookline Residential, LLC v. City of CharlotteCourt of Appeals of North Carolina · 2017
  4. Fairchild v. Kubota Tractor CorporationDistrict Court, W.D. North Carolina · 2020
  5. Michael P. Shepard and Melissa J. Shepard v. Lucid Group USA, Inc.District Court, W.D. North Carolina · 2026

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