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NELLO L. TEER CO. v. JONES BROS., INC.

No. COA06-340.

641 S.E.2d 832 (2007)

NELLO L. TEER COMPANY, INC., Plaintiff, v. JONES BROS., INC., Fireman's Fund Insurance Company, and North Carolina Department of Transportation, Defendants.

Court of Appeals of North Carolina.

March 20, 2007.

Attorney(s) appearing for the Case

Elmore & Wall, P.A., by Keith E. Coltrain, Kimila L. Wooten & L. Franklin Elmore, Raleigh, for plaintiff-appellee.

Parker, Poe, Adams & Bernstein, L.L.P., by Charles C. Meeker and Brian D. Darer, Raleigh, for defendants-appellants Jones Bros., Inc. and Fireman's Fund Insurance Co.

Attorney General Roy Cooper, by Special Deputy Attorney General Joseph E. Herrin, for defendant-appellant North Carolina Department of Transportation.

MARTIN, Chief Judge.

The North Carolina Department of Transportation ("NCDOT") initiated public highway construction projects to widen a 12-mile segment of U.S. Highway 15-501 in Chatham and Orange Counties. In January 2001, NCDOT contracted with Jones Brothers Incorporated ("Jones Bros.") to perform the work, the completion of which was originally scheduled for thirty-five months. Jones Bros. subcontracted all of the paving work for the project to Nello L. Teer Company...

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