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O'NEAL CONST., INC. v. LEONARD S. GIBBS GRADING, INC.

No. COA95-35.

468 S.E.2d 248 (1996)

121 N.C. App. 577

O'NEAL CONSTRUCTION, INC., Plaintiff, v. LEONARD S. GIBBS GRADING, INC., Defendant.

Court of Appeals of North Carolina.

February 20, 1996.

Attorney(s) appearing for the Case

Robert R. Chambers, P.A. by Robert R. Chambers, Durham, for defendant-appellant.

Northen, Blue, Rooks, Thibaut, Anderson & Woods, L.L.P. by Jo Ann Ragazzo Woods, Chapel Hill, for plaintiff-appellee.

LEWIS, Judge.

This action arises out of a dispute between plaintiff, a general contractor, and defendant, a subcontractor, over defendant's performance under the subcontract.

In January 1992, plaintiff and the Durham County Board of Education entered into a contract ("prime contract") for plaintiff to act as general contractor to build Forest View Elementary School (formerly Hope Valley Elementary School) in Durham, North Carolina. This contract contained...

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