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INDIANA DEPT. OF HIGHWAYS v. SMALL, INC.

No. 50A03-8602-CV-40.

495 N.E.2d 248 (1986)

INDIANA DEPARTMENT OF HIGHWAYS, Defendant-Appellant, v. SMALL, INC., Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied October 8, 1986.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Thomas R. Hamill, Deputy Atty. Gen., Indianapolis, for defendant-appellant.

Timothy J. Abeska, Roemer & Mintz, South Bend, for plaintiff-appellee.

GARRARD, Judge.

Small, Inc. contracted with the state for the removal and replacement of a bridge deck on a highway bridge. The work was completed and accepted but Small claimed it was entitled to additional compensation because the depth of the old concrete and asphalt deck on the bridge was greater than shown on the plans and it was required to remove a concrete sidewalk which was not shown on the plans. Small brought suit for additional compensation and in a second...

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