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Try CasePortal for FreeJ. Sands partially grants the contractor's and insurer's motion for summary judgment in a breach of contract action brought by the subcontractor alleging violations of the Miller Act and the North Carolina Prompt Payment Act arising from a federal construction project in the Great Dismal Swamp National Wildlife Refuge. The subcontractor failed to show that the contractor breached the agreement by failing to grant change orders. However, there is a dispute of fact as to whether the contractor was entitled to terminate the subcontractor from the agreement. The subcontractor's motion for summary judgment is granted as to the contractor's and insurer's counterclaim for anticipatory repudiation. The subcontractor's motion is denied with respect to its Miller Act claim.