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HBS CONTRACTORS v. NATIONAL FIRE INS. CO.

No. COA97-864.

501 S.E.2d 372 (1998)

HBS CONTRACTORS, INC., Plaintiff, v. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Cumberland County Board of Education, Ellinwood Design Associates, d/b/a MacMillan Ellinwood Design Associates, Dan MacMillan, R.V. Buric Construction Consultants, Inc., George W. McGee, and Gilbert Construction Company, Ltd., Defendants.

Court of Appeals of North Carolina.

June 16, 1998.

Attorney(s) appearing for the Case

Lewis & Roberts, P.L.L.C. by Daniel K. Bryson and A. Graham Shirley, Raleigh, for plaintiff-appellant/appellee.

Reid & Morgan, L.L.P. by George C. Reid and Gregory K. Morgan, Atlanta; and Reid, Lewis, Deese, Nance & Person by James R. Nance, Jr., Fayetteville, for defendant-appellee/appellant Cumberland County Board of Education.

Young Moore and Henderson, P.A. by Brian E. Clemmons; and Allen and Moore, LLP by Joseph C. Moore, III, Raleigh, for defendants-appellees MacMillan Ellinwood Design Associates and Dan MacMillan.

WALKER, Judge.

This appeal arises from two separate actions filed by the plaintiff (HBS) in Robeson County, which were later removed to Cumberland County. The first action, filed 5 May 1995, alleged a breach of the construction contract by defendant Cumberland County Board of Education (Board) and claims which included negligence and bad faith on the parts of defendant architect Dan MacMillan (MacMillan) and defendant MacMillan Ellinwood Design Associates (MEDA) in...

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