Davidson v. North Carolina Department of Administration

BRASWELL, Judge.

The parties executed a written building contract in 1975 for the construction by plaintiff of new stacks for books for the Wilson Library on the campus of the University of North Carolina at Chapel Hill. The contract contained a “rock clause,” the interpretation and consequences of which form the core of this case.

After completion of construction and after exhaustion of the required statutory administrative procedures, the plaintiff brought this action in Superior Court alleging a breach of contract by defendants, whom we refer to as the State. In a non-jury hearing the trial…