CRESCENT UNIVERSITY CITY VENTURE, LLC, Plaintiff, v. AP ATLANTIC, INC. d/b/a ADOLFSON & PETERSON CONSTRUCTION, Defendant, v. MADISON CONSTRUCTION GROUP, INC.; TRUSSWAY MANUFACTURING, INC.; T. A. KAISER HEATING & AIR, INC.; SEARS CONTRACT, INC.; MACEDO CONTRACTING CO.; WHALEYS DRYWALL, LLC; STALLINGS DRYWALL, LLC; MAYNOR PI, INC.; MATUTE DRYWALL, INC.; INTERIOR DISTRIBUTORS, A DIVISION OF ALLIED BUILDING PRODUCTS, CORP.; MANUEL BUILDING CONTRACTORS, LLC; EAGLES FRAMING COMPANY, INC.; DIAZ CARPENTRY, INC.; SOCORRO CASTILLE MONTLE; and GUERRERO CONSTRUCTION PRO, INC., Third-Party Defendants. MADISON CONSTRUCTION GROUP, INC., Third-Party Plaintiff, v. MANUEL BUILDING CONTRACTORS, LLC, Fourth-Party Defendant.CRESCENT UNIVERSITY CITY VENTURE, LLC, Plaintiff, v. ADOLFSON & PETERSON, INC., Defendant.CRESCENT UNIVERSITY CITY VENTURE, LLC, Plaintiff, v. TRUSSWAY MANUFACTURING, INC.; and TRUSSWAY MANUFACTURING, LLC, Defendants., 2019 NCBC 46

Summary

HOLDINGS: [1]-Neither a general contractor nor an owner was entitled to summary judgment in their respective breach of contract actions because genuine issues of fact remained as to whether the general contractor proceeded with diligence and promptness to correct the alleged truss defects and as to whether the owner afforded the general contractor a reasonable opportunity to do so, the owner's "student relocation and operation costs" could not be characterized as incidental damages where they were a "secondary consequence of" the general contractor's alleged "nonperformance," and the owner could not recover consequential damages on its claim against the guarantor.