Rifenburg Construction, Inc. v. Brier Creek Associates Ltd. Partnership

In this appeal, Rifenburg Construction alleges that the North Carolina Department of Transportation (NCDOT) entered into a contract with Brier Creek which formed a joint venture or partnership with Brier Creek. As such, Rifenburg Construction argues that “once the partnership or joint venture was formed, then NCDOT became liable for the wrongful acts of its partner or joint venturer, Brier Creek, committed in the ordinary course of business.” I agree with Rifenburg Construction and the trial judge in this case; accordingly, I dissent from the majority opinion.

Chapter 136 of our General…