Wood-Hopkins Contracting Co. v. North Carolina State Ports Authority

HIGGINS, Justice.

The defendant first challenged the plaintiff’s right to recover in this action on the ground the contract required the plaintiff to perform labor, furnish materials, and complete its obligation under the contract for the fixed lump sum stated in the contract.

The parties stipulated that the plaintiff filed a base bid of $2,947,417.00 and $350,330.00 and $94,402.00 for certain alternative proposals. The contract specifically provided for a unit price for certain items of construction. These items included a provision of $2.00 per cubic yard for underwater fill compressed in…