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RAY D. LOWDER, INC. v. N. C. STATE HWY. COM'N

No. 7510SC95.

217 S.E.2d 682 (1975)

26 N.C. App. 622

RAY D. LOWDER, INC. v. NORTH CAROLINA STATE HIGHWAY COMMISSION.

Court of Appeals of North Carolina.

Certiorari Denied October 7, 1975.

Attorney(s) appearing for the Case

Berry, Bledsoe & Hogewood by Louis A. Bledsoe, Jr., and Yates W. Faison, III, Charlotte, for Ray D. Lowder, Inc., plaintiff.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Walter E. Ricks, III, Raleigh, for the N. C. State Highway Commission (now Dept. of Transportation), defendant.

Certiorari Denied by Supreme Court October 7, 1975.

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...

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