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

No. 511PA84.

337 S.E.2d 463 (1985)

315 N.C. 144

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

Supreme Court of North Carolina.

December 10, 1985.

Attorney(s) appearing for the Case

Griffin, Cochrane & Marshall by Luther P. Cochrane and Jennifer W. Fletcher, Atlanta, Ga., and Manning, Fulton & Skinner by Charles L. Fulton, Raleigh, for petitioner-appellant.

Lacy H. Thornburg, Atty. Gen. by Grayson G. Kelley, Asst. Atty. Gen., Raleigh, for defendants-appellees.

FRYE, Justice.

Petitioner has presented two essential questions for our review. The first is whether the Court of Appeals correctly held that a contractor in a civil action, pursuant to G.S. 143-135.3, may not recover duration-related costs incurred as the direct result of an unexpected overrun exceeding 400% in the amount of rock to be excavated under a construction contract with the State of North Carolina. For the reasons stated hereinafter, we conclude that the...

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