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N.C. MONROE CONSTRUCTION CO. v. STATE

No. COA01-1478.

574 S.E.2d 482 (2002)

N.C. MONROE CONSTRUCTION COMPANY, Plaintiff and Third-Party Plaintiff, v. The STATE of North Carolina; The Office of State Budget and Management; and Marvin K. Dorman, Jr., in his capacity as State Budget Director, Defendants, and Dewberry & Davis and Miller Building Corporation, Third-Party Defendants.

Court of Appeals of North Carolina.

December 31, 2002.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Michael D. Meeker, Clinton R. Pinyan, and Andrew J. Haile, Greensboro, for plaintiff-appellant.

Attorney General Roy Cooper, by Special Deputy Attorney General Roy A. Giles, Jr. and Assistant Attorney General Jeffrey B. Parsons, for the State.

McGEE, Judge.

In response to a federal court mandate to promptly relieve prison facility overcrowding in North Carolina, the General Assembly enacted legislation in 1987 that transferred the responsibility and authority to design and construct prisons from the Office of State Construction (OSC) to the Office of State Budget and Management (OSBM) and exempted prison construction from various statutory requirements to help expedite prison construction. OSBM began discussions...

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