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SIGNATURE DEVELOPMENT v. SANDLER COMMERCIAL

No. COA09-646.

701 S.E.2d 300 (2010)

SIGNATURE DEVELOPMENT, LLC, Plaintiff, v. SANDLER COMMERCIAL AT UNION, L.L.C., Defendant[].

Court of Appeals of North Carolina.

November 2, 2010.

Attorney(s) appearing for the Case

Rayburn Cooper & Durham, P.A., Charlotte, by James B. Gatehouse , David S. Melin , and Daniel J. Finegan , for Plaintiff-Appellant.

Johnston, Allison & Hord, P.A., Charlotte, by Gary J. Welch and Daniel A. Merlin , for Defendant-Appellee.

Troutman Sanders, LLP, Raleigh, by Gavin B. Parsons and D. Kyle Deak , for Applicant-Appellee Wells Fargo Bank, National Association.

Horack Talley Pharr & Lowndes, P.A., Charlotte, by John W. Bowers , for The National Association of Industrial and Office Properties, NC Chapter, Amicus Curiae.

STEPHENS, Judge.

The paramount issue is whether the trial court erred in partially granting Defendant's motion to dismiss based on the general contractor licensing law. For the reasons stated herein, we reverse the order of the trial court.

I. Procedural History and Factual Allegations

On 28 January 2005, Plaintiff Signature Development, LLC ("Plaintiff," "Signature," or "Project Manager") and Defendant Sandler Commercial at Union, L.L.C....

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