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W.C. ENGLISH, INC. v. DEPT. OF TRANSP.

Record No. 2005-91-2.

420 S.E.2d 252 (1992)

W.C. ENGLISH, INC. v. COMMONWEALTH of Virginia, DEPARTMENT of TRANSPORTATION, Ray D. Pethtel, Commissioner and Edward J. Mazur, Comptroller.

Court of Appeals of Virginia.

August 4, 1992.

Attorney(s) appearing for the Case

John S. Barr and James C. Cosby, Richmond (Maloney, Yeatts & Barr, P.C., on briefs), for appellant.

James D. Phillips, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., K. Marshall Cook, Deputy Atty. Gen., and Richard L. Walton, Jr., Sr. Asst. Atty. Gen., on brief), for appellees.

Present: BAKER, BARROW and ELDER, JJ.

BARROW, Judge.

This appeal is from a judgment upholding the termination of a highway contract by the Virginia Department of Transportation. It questions whether the department can terminate a contract, based on unit pricing, when, without fault of either the contractor or the department, the amount of work and time required to complete the project greatly exceeds that for which the parties contracted. We hold that the department properly terminated the contract under...

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