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CLEVELAND CONST., INC. v. ELLIS-DON CONST.

No. COA10-525.

709 S.E.2d 512 (2011)

CLEVELAND CONSTRUCTION, INC., Plaintiff, v. ELLIS-DON CONSTRUCTION, INC.; HKS, Inc.; State of North Carolina Through the University of North Carolina Health Care System; The University of North Carolina Hospitals at Chapel Hill; Federal Insurance Company; The Travelers Casualty and Surety Company f/k/a the Aetna Casualty and Surety Company, Defendants.

Court of Appeals of North Carolina.

April 5, 2011.

Attorney(s) appearing for the Case

Jordon Price Wall Gray Jones & Carlton, PLLC, Raleigh, by Henry W. Jones, Jr. and Brian S. Edlin ; and Chamberlain, Hrdlicka, White, Williams & Martin, by Seth R. Price , Atlanta, Georgia, pro hac vice, for plaintiff.

Nigle B. Barrow, Jr. , Raleigh; and Hendrick Phillips Salzman & Flatt, by Martin R. Salzman , Atlanta, Georgia, pro hac vice, for defendants Ellis-Don Construction, Inc., Federal Insurance Company, and The Travelers Casualty and Surety Company.

HUNTER, ROBERT C., Judge.

Plaintiff Cleveland Construction, Inc. ("CCI") appeals from the trial court's entry of partial summary judgment on CCI's extra/changed work, delay/disruption, and inefficiency claims against defendants Ellis-Don Construction, Inc. and its sureties, Federal Insurance Company and The Travelers Casualty and Surety Company (collectively, "EDCI"). After careful review, we affirm the summary judgment order. Both CCI and EDCI appeal from the trial...

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