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REPUBLIC CONTRACTING CORP. v. SCDHPT

No. 2864.

332 S.C. 197 (1998)

503 S.E.2d 761

REPUBLIC CONTRACTING CORPORATION, Appellant, v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, an Agency of the State of South Carolina, and Wilbur Smith & Associates, Inc., Respondents.

Court of Appeals of South Carolina.

Decided June 29, 1998.

Rehearing Denied August 20, 1998.

Attorney(s) appearing for the Case

Henry W. Brown, of Nexsen, Pruet, Jacobs, Pollard & Robinson, Charleston; and W. Henry Parkman, of Griffin, Cochrane & Marshall, Atlanta, GA, for appellant.

Charles E. Carpenter, Jr., Franklin J. Smith, Jr., and Nina Reid Mack, all of Richardson, Plowden, Carpenter & Robinson, Columbia, for Respondent SCDHPT.

Benjamin E. Nicholson, V, Charles Porter and Robert L. Widener, all of McNair Law Firm, Columbia for Respondent Wilbur Smith & Associates.

T.S. Stern, Jr., and Thomas E. Dudley, III, both of Covington, Patrick, Hagins, Stern & Lewis, Greenville, for Amicus Curiae Carolinas AGC.

Edwin Russell Jeter, of Jeter & Williams, Columbia, for Amicus Curiae Consulting Engineers of South Carolina.

GOOLSBY, Judge:

Republic Contracting Corporation (Republic) sued the South Carolina Department of Highways and Public Transportation (SCDHPT) and Wilbur Smith & Associates, Inc., (WSA) for damages resulting from allegedly defective construction plans for a bridge. This action involves breach of contract and breach of implied warranty claims. The trial court granted partial summary judgment to both defendants, holding Republic's claims were untimely. Republic appeals...

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