Blankenship Construction Co. v. North Carolina State Highway Commission

BROCK, Chief Judge.

It is appropriate to preface this opinion by acknowledging the well-established rule that the Commission is not subject to suit except in the manner provided by statute. Teer Co. v. Highway Commission, 265 N.C. 1, 143 S.E. 2d 247 (1965). General Statute 136-29 establishes the procedure for the settlement of claims against the Commission by a contractor who has not received “such settlement as he claims to be entitled to under his contract.” This language has been construed to mean that recovery is possible only within the terms and framework of the contract. Teer Co. v.…