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R.E.M. CONSTR., INC. v. CLEVELAND CONSTR.

No. COA21-781.

876 S.E.2d 851 (2022)

2022-NCCOA-557

R.E.M. CONSTRUCTION, INC., Plaintiff, v. CLEVELAND CONSTRUCTION, INC.; MHG Asheville TR, LLC; Asheville Arras Residences, LLC; and Federal Insurance Company, Defendants, and United States Surety Company, Intervenor.

Court of Appeals of North Carolina.

Filed August 16, 2022.

Attorney(s) appearing for the Case

Erwin, Capitano & Moss, P.A., Charlotte, by Fenton T. Erwin, Jr. , and Erin C. Huegel , for plaintiff-appellee R.E.M. Construction, Inc.

Chamberlain Hrdlicka White Williams & Aughtry, by Seth R. Price , pro hac vice, and Hamilton Stephens Steele + Martin, PLLC, Charlotte, by Tracy T. James and Carmela E. Mastrianni , for defendant-appellant Cleveland Construction, Inc.

Everett Gaskins Hancock LLP, Raleigh, by James M. Hash , and Thompson Law Group, LLC, by Kelley Herrin , pro hac vice, for intervenor-appellee.

¶ 1 Defendant Cleveland Construction, Inc., ("CCI") appeals from the trial court's judgment and order (1) granting the motion of Plaintiff R.E.M. Construction, Inc., ("REM") to confirm the arbitration panel's award, and (2) denying CCI's motion to modify or, in the alternative, to partially vacate the panel's award. After careful...

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