Ray D. Lowder, Inc. v. North Carolina State Highway Commission
Court of Appeals of North Carolina
Appeal by defendant from Bailey, Judge. Judgment entered 1 October 1974 in Superior Court, Wake County. Heard in the Court of Appeals 15 April 1975. Plaintiff Ray D. Lowder, Inc. (hereinafter referred to as Lowder), is a North Carolina corporation doing business as a grading and utility contractor.
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Appeal by defendant from Bailey, Judge. Judgment entered 1 October 1974 in Superior Court, Wake County. Heard in the Court of Appeals 15 April 1975. Plaintiff Ray D. Lowder, Inc. (hereinafter referred to as Lowder), is a North Carolina corporation doing business as a grading and utility contractor. Defendant North Carolina State Highway Commission (now Department of Transportation; hereinafter referred to as Commission) was authorized by G.S. 136-28 to let contracts for the construction of highways in North Carolina. On 2 March 1965 and again on 16 March 1965 the Commission advertised for…
1Opinion of the Court
BROCK, Chief Judge.
This appeal raises two important issues for our determination: (1) whether the overrun constitutes a changed condition entitling Lowder to an equitable adjustment in the contract unit price for undercut excavation pursuant to § 4.3A of the specifications; and (2) whether certain entries and reports which were offered to substantiate Lowder’s claim for additional compensation were properly admitted as substantive evidence.
Before reaching the questions raised by this appeal, we acknowledge the well-established rule that the Commission is not subject to suit except in the…
2Cases cited10 opinions
- Palmer v. HoffmanSupreme Court of the United States · 1943
- Hol-Gar Manufacturing Corp. v. The United StatesUnited States Court of Claims · 1965
- Hollerbach v. United StatesSupreme Court of the United States · 1914
- Morrison-Knudsen Company, Inc. v. The United StatesUnited States Court of Claims · 1968
- Nello L. Teer Co. v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1965
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3Cited by32 opinions
- Johnston County v. R. N. Rouse & Co.Supreme Court of North Carolina · 1992
- International Paper Co. v. Corporex Constructors, Inc.Court of Appeals of North Carolina · 1989
- Internet East, Inc. v. Duro Communications, Inc.Court of Appeals of North Carolina · 2001
- A & a Mechanical, Inc. v. Thermal Equipment Sales, Inc.Court of Appeals of Kentucky · 1999
- R. Zoppo Co. v. City of DoverSupreme Court of New Hampshire · 1984
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