GEUPEL CONST. v. COM. KY. TRANSP. CABINET

No. 2001-CA-001729-MR.

136 S.W.3d 43 (2003)

GEUPEL CONSTRUCTION COMPANY, INC., Appellant, v. COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET, Appellee.

Court of Appeals of Kentucky.

Reconsider Denied April 25, 2004.

Discretionary Review Denied by Supreme Court June 9, 2004.


Attorney(s) appearing for the Case

Buckner Hinkle, Jr., Ryan S. Quinn, Lexington, KY, for appellant.

John B. Baughman, Squire N. Williams III, Frankfort, KY, Mary R. Harville, Trevor L. Earl, Louisville, KY, for appellee.

Before COMBS, GUIDUGLI, and SCHRODER, Judges.


OPINION AND ORDER

COMBS, Judge.

Geupel Construction Company, Inc. ("Geupel"), an Ohio corporation, appeals from a judgment entered on May 16, 2001, by the Franklin Circuit Court in favor of the Commonwealth of Kentucky Transportation Cabinet (the "Cabinet"). Following a bench trial, the court held that Geupel was not entitled to payment above the unit contract price for additional work that it had performed pursuant to its contract with the Cabinet...

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