Petition by plaintiff (Frederick Tinch) for discretionary review pursuant to G.S. 7A-31 allowed 6 March 1997. Petition by defendant (Hendon Engineering Associates) for discretionary review pursuant to G.S. 7A-31 denied 6 March 1997. Petition by defendant for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 6 March 1997.