Davidson & Jones, Inc. v. North Carolina Department of Administration
Supreme Court of North Carolina
1Opinion of the Court
FRYE, Justice.
Petitioner has presented two essential questions for our review. The first is whether the Court of Appeals correctly held that a contractor in a civil action, pursuant to G.S. 143-135.3, may not recover duration-related costs incurred as the direct result of an unexpected overrun exceeding 400% in the amount of rock to be excavated under a construction contract with the State of North Carolina. For the reasons stated hereinafter, we conclude that the Court of Appeals erred in so holding. As to the second, we agree with the trial court and the Court of Appeals that plaintiff may…
2Cases cited8 opinions
- Smith v. StateSupreme Court of North Carolina · 1976
- Harris & Harris Construction Co. v. Crain & Denbo, Inc.Supreme Court of North Carolina · 1962
- Whitaker v. EarnhardtSupreme Court of North Carolina · 1976
- Ray D. Lowder, Inc. v. North Carolina State Highway CommissionCourt of Appeals of North Carolina · 1975
- Middlesex Construction Corp. v. State Ex Rel. State Art Museum Building CommissionSupreme Court of North Carolina · 1983
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3Cited by15 opinions
- Bolton Corp. v. T. A. Loving Co.Court of Appeals of North Carolina · 1989
- RPR & Associates, Inc. v. University of North Carolina-Chapel HillCourt of Appeals of North Carolina · 2002
- Companies v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 2003
- Battle Ridge Cos. v. Dept. of Transp.Court of Appeals of North Carolina · 2003
- APAC-Carolina, Inc. v. Greensboro-High Point Airport AuthorityCourt of Appeals of North Carolina · 1993
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