Ledbetter Bros. v. North Carolina Department of Transportation

BECTON, Judge.

This case involves a challenge, by a general contractor and the surety for a subcontractor on a State highway project, to a Superior Court judgment upholding the Department of Transportation’s (DOT’s) assessment of liquidated damages from contract retainages. We affirm the judgment.

I

Ledbetter Brothers (Ledbetter) entered into a general contract with the DOT to perform some $3,300,000 in highway renovation. The work was to be completed by 1 December 1977. Part of it involved moving and replacing signs and guardrails. Ledbetter subcontracted the sign and guardrail work to SMS,…