DAVIDSON AND JONES v. N.C. DEPT. OF ADMIN.

No. 8310SC693.

317 S.E.2d 718 (1984)

DAVIDSON AND JONES, INC. v. NORTH CAROLINA DEPARTMENT OF ADMINISTRATION and the University of North Carolina.

Court of Appeals of North Carolina.

July 17, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Grayson G. Kelley, Raleigh, for defendants-appellants.

Griffin, Cochrane & Marshall by Luther P. Cochrane and Jennifer L. Wheatley, Atlanta, Ga., and Manning, Fulton & Skinner by Charles L. Fulton, Raleigh, for appellee-cross-appellant.


BRASWELL, Judge.

The parties executed a written building contract in 1975 for the construction by plaintiff of new stacks for books for the Wilson Library on the campus of the University of North Carolina at Chapel Hill. The contract contained a "rock clause," the interpretation and consequences of which form the core of this case.

After completion of construction and after exhaustion of the required statutory administrative procedures, the plaintiff brought...

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