Barrus Construction Co. v. North Carolina Department of Transportation

WELLS, Judge.

We address first the DOT’s cross assignment of error that service of process was not timely and that the court erred in denying its motion to dismiss. The state has consented to suit on highway contract claims. N.C. Gen. Stat. § 136-29 (1981 and Cum. Supp. 1983). Such a suit is timely filed if instituted by filing of complaint and issuance of summons within six months after the final decision of the State Highway Administrator denying the claim. Id. Plaintiff filed its complaint, and summons issued, within the time set by statute. However, the summons was not properly served on…