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MEMBERS INTERIOR CONST., INC. v. LEADER CONST. CO., INC.

No. COA95-1279.

476 S.E.2d 399 (1996)

MEMBERS INTERIOR CONSTRUCTION, INC., Plaintiff-Appellant, v. LEADER CONSTRUCTION COMPANY, INCORPORATED, Hartford Fire Insurance Company, Defendant-Appellee/Cross-Appellant.

Court of Appeals of North Carolina.

October 15, 1996.

Attorney(s) appearing for the Case

Eisele & Ashburn, P.A. by Douglas G. Eisele, Statesville, for plaintiff-appellant.

Ogletree, Deakins, Nash, Smoak and Stewart, L.L.P. by C. Hamilton Jarrett and Robin Adams Anderson, Raleigh, for defendant-appellee/cross-appellant.

MARK D. MARTIN, Judge.

On 10 March 1992 the Iredell-Statesville Board of Education (Board) executed a contract with Leader Construction (Leader) for the construction of East Iredell Middle School (project). On the same day Leader and Hartford Fire Insurance (Hartford) executed a labor and material payment bond (bond). On 2 June 1992 Leader subcontracted out a portion of the project to Members Interior Construction (Members). The original subcontract price was $225...

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