STERNBERG, Justice.
This appeal is the result of a breach of a highway construction contract. For convenience, the Apex Contracting, Inc., will be referred to as "Apex," the William Robinson Construction Co., Inc., will be referred to as "Robinson," and the Commonwealth of Kentucky, Department of Transportation, Bureau of Highways, will be referred to as "Department." Pursuant to KRS, Chapter 176, the Department advertised for bids for the renovation of the Henderson...
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