Welch Contracting, Inc. v. North Carolina Department of Transportation

McGEE, Judge.

The North Carolina Department of Transportation (NCDOT) and the Eastern Band of Cherokee Indians (the EBCI) (collectively, defendants) entered into a construction agreement on 11 June 1999 to make improvements to U.S. Highway 19 from Cherokee, North Carolina, to Maggie Valley, North Carolina (Highway 19 project). The Highway 19 project was designated as a “high priority project” by the United States Congress, under 23 U.S.C. § 117, commonly known as the “High Priority Projects Program.” Designated as High Priority Project number 1303 under the federal statute, the Highway 19…