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FIDELITY & DEPOSIT v. DEPT. OF ADMIN. SERV.

C.A. No. 1551-K.

830 A.2d 1224 (2003)

FIDELITY & DEPOSIT COMPANY OF MARYLAND, Plaintiff, v. STATE OF DELAWARE DEPARTMENT OF ADMINISTRATIVE SERVICES Defendant.

Court of Chancery of Delaware, Kent County.

Decided: May 7, 2003.

Attorney(s) appearing for the Case

Ian Connor Bifferato, Bifferato Bifferato & Gentilotti, Wilmington, Delaware; Fred A. Mendicino, Elizabeth A. O'Gara, Watt, Tieder, Hoffar & Fitzgerald, LLP, McLean, Virginia, for Plaintiff.

Lawrence W. Lewis, Mary Page Bailey, Stephani J. Ballard, State of Delaware Department of Justice, Wilmington, Delaware, for Defendant.

OPINION AND ORDER

LAMB, Vice Chancellor.

I.

This action arises out of a contract and a resultant arbitration proceeding between the State of Delaware (the "State") and a construction company hired by the State in connection with a substantial construction project. The contract at issue, naturally, required completion of the project within a specified period of time. After several delays, the State initiated a claim in arbitration.

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