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LEDBETTER BROS. v. N.C. DEPT. OF TRANSP.

No. 8310SC192.

314 S.E.2d 761 (1984)

LEDBETTER BROTHERS, INC., and Hartford Accident and Indemnity Company v. The NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.

Court of Appeals of North Carolina.

May 1, 1984.

Attorney(s) appearing for the Case

Moore, Van Allen & Allen by Arch T. Allen, III and Joseph W. Eason, Raleigh, for plaintiffs-appellants.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas H. Davis, Jr., Raleigh, for defendant-appellee.

BECTON, Judge.

This case involves a challenge, by a general contractor and the surety for a subcontractor on a State highway project, to a Superior Court judgment upholding the Department of Transportation's (DOT's) assessment of liquidated damages from contract retainages. We affirm the judgment.

I

Ledbetter Brothers (Ledbetter) entered into a general contract with the DOT to perform some $3,300,000 in highway renovation. The work was to be completed...

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