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ERLICH v. HENDRICK CONST. CO., INC.

Record No. 750878.

225 S.E.2d 665 (1976)

Berl M. ERLICH et al. v. HENDRICK CONSTRUCTION COMPANY, INC. and Fidelity and Deposit Company of Maryland.

Supreme Court of Virginia.

June 11, 1976.

Attorney(s) appearing for the Case

Robert C. Fitzgerald, Fairfax (John F. Carlton, Jr., Manassas, Fitzgerald & Smith, Fairfax, on briefs), for appellants.

Ivy P. Blue, Jr., Hanover, for appellees.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

POFF, Justice.

On August 15, 1972, Arthur W. Patton and Berl M. Erlich, partners in Tysons Ice Rink (owner), signed a $675,000 contract with Hendrick Construction Company, Inc., (contractor), for the construction of an ice rink at Tysons Corner. The contract, prepared by contractor, provided that work would begin within 10 days and would be "substantially completed within 150 calender [sic] days." Architect's specifications, expressly incorporated in the contract...

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