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SPOTSYLVANIA SCHOOL BD. v. SEABOARD

Record No. 910428.

415 S.E.2d 120 (1992)

SPOTSYLVANIA COUNTY SCHOOL BOARD v. SEABOARD SURETY COMPANY, et al.

Supreme Court of Virginia.

February 28, 1992.

Attorney(s) appearing for the Case

Jack E. McClard, Richmond (Ann T. Burks, Hunton & Williams, on briefs), for appellant.

R. Terrence Ney, McLean (Thomas F. Farrell, II, M. Melissa Glassman, McGuire, Woods, Battle & Boothe, on brief), for appellee Sherman Const. Corp.

William W. Thompson, Jr., Alexandria (Richard F. Lane, Thompson & Waldron, on brief), for appellee Seaboard Sur. Co.

Present: CARRICO, C.J., COMPTON, STEPHENSON, WHITING, LACY and KEENAN, JJ., and HARRISON, Retired Justice.

CARRICO, Chief Justice.

On May 14, 1987, the Spotsylvania County School Board (the School Board or the Board) and Sherman Construction Corporation (Sherman) entered into a contract for the construction of Courtland Elementary School in Spotsylvania County. The agreed cost of construction was $4,360,000, and the stipulated completion date was not later than August 15, 1988.

The School Board was empowered to terminate the contract "[i]f the Contractor ... persistently...

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