COMMONWEALTH, DEPT. OF HIGHWAYS v. SHAMROCK CORP.


501 S.W.2d 584 (1973)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. SHAMROCK CORPORATION OF KENTUCKIANA, INC., et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing December 7, 1973.


Attorney(s) appearing for the Case

Cyril E. Shadowen, Perry Lewis, Bureau of Highways, Dept. of Transportation, Frankfort, for appellant.

Robert L. Sloss, Robert C. Ewald, Wyatt, Grafton & Sloss, Louisville, for appellees.


OSBORNE, Justice.

The appellee Shamrock Corporation asserted claim against the Commonwealth of Kentucky, Department of Highways for additional costs incurred by Shamrock as the result of delay caused by a design change in the construction of Interstate Highway 64 in Rowan County, Kentucky. It appears there was no controversy between the Department of Highways and the contractor relative to the right of the contractor to recover damages because of the delay. A controversy...

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