RPR & Associates, Inc. v. State

Judge McGEE

dissenting.

I respectfully dissent. I disagree with the majority opinion’s broad construction of N.C. Gen. Stat. §§ 143.135.3(d) and (d).

*533I do not disagree with the majority opinion that the General Assembly provided a contractor an alternative appeal option under N.C.G.S. § 143-135.3(d) for a dissatisfied contractor to appeal from the decision of the OSC. However, once plaintiff contractor selected the option of “commencing]” its case under N.C.G.S. § 143-135.3(cl) by filing a petition with the OAH, it could not then “institute” a complaint in superior court under N.C.G.S. §…