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COMPLETE GEN. CONSTR. CO. v. OHIO DEPT. OF TRANSP.

No. 00-1267.

94 Ohio St.3d 54 (2002)

COMPLETE GENERAL CONSTRUCTION COMPANY, APPELLEE AND CROSS-APPELLANT, v. OHIO DEPARTMENT OF TRANSPORTATION, APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided January 16, 2002.

Attorney(s) appearing for the Case

Michael W. Currie and Daniel F. Edwards, for appellee and cross-appellant.

Betty D. Montgomery, Attorney General, William C. Becker, Jon C. Walden and Karhlton F. Moore, Assistant Attorneys General, for appellant and cross-appellee.

Barry M. Byron, Stephen L. Byron and John Gotherman, urging reversal for amicus curiae Ohio Municipal League.

Means, Bichimer, Burkholder & Baker Co., L.P.A., and Katherine Francis Dolan, urging reversal in part for amicus curiae Ohio School Boards Association.

PFEIFER, J.

This case evolved out of a contractor's claim for additional costs on a highway construction project as a result of delays caused by the Ohio Department of Transportation ("ODOT"). The bulk of this case concerns the method of calculating unabsorbed home office overhead—the cost of running a contractor's home office during the delay period—and whether Ohio should adopt the "Eichleay formula," an equation employed by federal courts in...

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