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GEMINI DRILLING AND FOUNDATION, LLC v. NATIONAL FIRE INS. CO.

No. COA07-1266.

665 S.E.2d 505 (2008)

GEMINI DRILLING AND FOUNDATION, LLC, Plaintiff, v. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Defendant.

Court of Appeals of North Carolina.

September 2, 2008.

Attorney(s) appearing for the Case

William E. West, Jr., Winston-Salem, for plaintiff.

Smith, Currie & Hancock LLP, by Harry R. Bivens, Charlotte, for defendant.

ELMORE, Judge.

I. Background

This appeal arises from a contract between Blythe Construction, Inc. (Blythe or BCI) and Gemini Drilling and Foundation, LLC (plaintiff). On or about 1 May 2002, Blythe contracted with the North Carolina Department of Transportation (DOT) to make improvements to South Wilmington Street in Raleigh (Wilmington Street Project) for the sum of $4,574,263.03. On or about 17 May 2002, Blythe also contracted with the City of Raleigh...

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