Elec-Trol, Inc. v. C.J. Kern Contractors, Inc.

284 S.E.2d 119 (1981)

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Elec-Trol, Inc. v. C.J. Kern Contractors, Inc.

North Carolina Court of Appeals
284 S.E.2d 119 (1981)

  • Written by Mary Pfotenhauer, JD

Facts

Elec-Trol, Inc. (Elec-Trol) (plaintiff) was a subcontractor for contractor C.J. Kern Contractors, Inc. (Kern) (defendant) on a project for North Baptist Hospital, Inc. (the hospital). Under the terms of the contracts between (1) Elec-Trol and Kern and (2) Kern and the hospital, if there were additional costs for the project and the hospital and Kern could not agree on the amount to adjust the contract for those costs, the adjustment amount was to be determined by the project’s architect. Elec-Trol brought suit against Kern for additional compensation for its work. The trial court granted Kern’s motion for summary judgment. Elec-Trol appealed.

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

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