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BLAYLOCK GRADING CO., LLP v. SMITH

No. COA07-615.

658 S.E.2d 680 (2008)

BLAYLOCK GRADING COMPANY, LLP, Plaintiff v. Neal Everett SMITH and Neal Smith Engineering, Inc., Defendants.

Court of Appeals of North Carolina.

April 1, 2008.

Attorney(s) appearing for the Case

Bain, Buzzard & McRae, LLP, by L. Stacy Weaver, III, Edgar R. Bain, and Robert A. Buzzard, Lillington, for plaintiff-appellee.

Hamilton, Moon, Stephens, Steele & Martin, PLLC, by David B. Hamilton, David G. Redding, Adrianne Huffman, and Erik R. Rosenwood, Charlotte, for defendants-appellants.

MARTIN, Chief Judge.

On 20 September 2004 Blaylock Grading Company, LLP ("plaintiff") and Neal Smith and Neal Smith Engineering, Inc. ("defendants") entered into a contract pursuant to which defendants would provide land surveying services for plaintiff. The contract contained a "Risk Allocation" provision which stated:

[Defendants' liability to plaintiff] for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement...

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