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ASPHALT ROADS & MATERIALS v. COM., DOT

Record No. 980805.

512 S.E.2d 804 (1999)

257 Va. 452

ASPHALT ROADS & MATERIALS COMPANY, INCORPORATED v. COMMONWEALTH of Virginia, DEPARTMENT OF TRANSPORTATION, et al.

Supreme Court of Virginia.

February 26, 1999.

Attorney(s) appearing for the Case

Jack Rephan (Hofheimer Nusbaum, on briefs), Norfolk, for appellant.

Mark S. Paulin, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellees.

Present: CARRICO, C.J., COMPTON, LACY, KEENAN, KOONTZ and KINSER, JJ., and WHITING, Senior Justice.

WHITING, Senior Justice.

The dispositive issue in this appeal is whether a provision in a construction contract allows extra compensation to a contractor for certain additional work on a highway project.

In June 1992, Asphalt Roads and Materials Company, Incorporated (Asphalt Roads) contracted with the Virginia Department of Transportation (VDOT), an agency of the Commonwealth, to widen a section of Landstown Road...

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