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CENCOMP, INC. v. WEBCON, INC.

No. COA02-924.

579 S.E.2d 482 (2003)

CENCOMP, INC., d/b/a Phillips Iron Works, and Ted Cihos d/b/a Phillips Iron Works, Plaintiffs, v. WEBCON, INC., and International Fidelity Insurance Company, Defendants.

Court of Appeals of North Carolina.

May 6, 2003.

Attorney(s) appearing for the Case

William M. Black, Jr., Raleigh, for plaintiff-appellant.

Armstrong & Armstrong, P.A. by L. Lamar Armstrong, Jr., Smithfield, for defendants-appellees.

CALABRIA, Judge.

Plaintiffs, Cencomp, Inc., d/b/a Phillips Iron Works and Ted Cihos d/b/a Phillips Iron Works (collectively "Phillips"), were subcontractors of defendant Webcon, Inc. ("Webcon") on a construction project related to a sewer line for the City of Roxboro ("the City"). Defendant International Fidelity Insurance Company ("Fidelity") was the payment bond surety on the project.

On 11 December 2000, Phillips filed suit against Webcon asserting breach...

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