CLEMENT BROS. v. N. C. DEPT. OF ADMIN.

No. 8110SC870.

291 S.E.2d 908 (1982)

CLEMENT BROTHERS COMPANY, INC. v. NORTH CAROLINA DEPARTMENT OF ADMINISTRATION and Appalachian State University.

Court of Appeals of North Carolina.

June 1, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen., T. Buie Costen, Raleigh, for the State, defendant-appellant-appellee.

Griffin, Cochrane & Marshall by Harry L. Griffin, Jr., and Bowman S. Garrett, Jr., Atlanta, Ga., Everett, Creech, Hancock & Herzig by William G. Hancock, Durham, for plaintiff-appellant-appellee.


CLARK, Judge.

DEFENDANTS' APPEAL

Defendants contend that the court erred in granting plaintiff's motion for partial summary judgment which required that defendants remit part of the liquidated damages assessed against plaintiff. This issue involves an interpretation of the provisions of Addendum No. 3 to the Contract between the parties, which reads as follows:

"SECTIONS III, IV, V, VI, VII, VIII, IX, AND X: The time of 540 days for completion...

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