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EASTOVER RIDGE v. METRIC CONSTRUCTORS

No. COA99-960.

533 S.E.2d 827 (2000)

EASTOVER RIDGE, L.L.C., a North Carolina Limited Liability Company, Plaintiff, v. METRIC CONSTRUCTORS, INC., Defendant. Byrd's Lawn & Landscaping, Inc., Plaintiff, v. Eastover Ridge, L.L.C.; Metric Constructors, Inc.; Hacker Industries, Inc.; Nationwide Life Insurance Company; and William T. Graves, as Trustee, Defendants. Nix-Unger Construction Co., Inc., Plaintiff, v. Metric Constructors, Inc., and Eastover Ridge Limited Liability Company, Defendants. Basic Electric Company, Inc., Plaintiff, v. Metric Constructors, Inc. and Eastover Ridge, L.L.C., Defendants. Allison Fence Company, Inc., Plaintiff, v. Eastover Ridge Limited Liability Company, Metric Constructors, Inc., Nationwide Life Insurance and William T. Graves, Trustee, Defendants.

Court of Appeals of North Carolina.

August 1, 2000.

Attorney(s) appearing for the Case

Robinson, Bradshaw & Hinson, P.A., by Robert W. Fuller and Lawrence C. Moore, III, Charlotte, for plaintiff-appellant Eastover Ridge.

Womble Carlyle Sandridge & Rice, P.L.L.C., by Timothy G. Barber and Steven D. Gardner, Charlotte; and Spriggs & Hollingsworth, by Douglas L. Patin and Mark Blando, Washington, DC, for defendant-appellee Metric Constructors, Inc.

WALKER, Judge.

The above five cases listed in the caption of this opinion were consolidated for trial; however, only plaintiff Eastover Ridge and defendant Metric Constructors, Inc. (case no. 96-CVS-13243) are parties to this appeal.

On 22 July 1994, plaintiff entered into an agreement with defendant for the construction of 216 apartment units in nine buildings, a clubhouse/leasing building, pool, tennis courts, maintenance building, certain landscape features...

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