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CITY OF CHARLOTTE v. SKIDMORE, OWINGS & MERRILL

No. 9026SC527.

407 S.E.2d 571 (1991)

103 N.C. App. 667

CITY OF CHARLOTTE v. SKIDMORE, OWINGS AND MERRILL, Weiss Bros. Construction Co., Inc., and Fidelity and Deposit Company of Maryland. WEISS BROS. CONSTRUCTION CO., INC., v. HANOVER-PREST PAVING CO.

Court of Appeals of North Carolina.

August 20, 1991.

Attorney(s) appearing for the Case

Moore & Van Allen by Jeffrey J. Davis, Charles E. Johnson, and Margaret Ann Behringer, Charlotte, for plaintiff-appellant/appellee City of Charlotte.

Kirkland & Ellis by Helen E. Witt and Jeffrey L. Willian, Chicago, Ill., and Parker, Poe, Adams, & Bernstein by Gaston H. Gage, Charlotte, for defendant-appellant/appellee Skidmore, Owings & Merrill.

Waggoner, Hamrick, Hasty, Monteith, Kratt & McDonnell by S. Dean Hamrick, Charlotte, for defendant-appellees Weiss Bros. Const. Co., Inc., and Fidelity and Deposit Co. of Maryland.

PARKER, Judge.

I.

This is a civil action for breach of contract and breach of implied warranty. Desiring to upgrade and beautify downtown Charlotte, North Carolina, plaintiff on 11 January 1982 contracted with defendant Skidmore, Owings and Merrill ("SOM") to design an urban streetscape to be known as Tryon Street Transit Mall. The mall was to cover eleven city blocks, nine on Tryon Street and two on Trade Street. Defendant SOM's design provided for a system...

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