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RAY BELL CONST. v. STATE, DEPT. OF TRANSP.

No. E2009-01803-SC-R11-CV.

356 S.W.3d 384 (2011)

RAY BELL CONSTRUCTION COMPANY, INC. v. STATE of Tennessee, TENNESSEE DEPARTMENT OF TRANSPORTATION.

Supreme Court of Tennessee, at Knoxville.

December 12, 2011.

Attorney(s) appearing for the Case

Robert E. Cooper, Jr. , Attorney General and Reporter; Joseph F. Whalen , Associate Solicitor General; Melissa Ann Brodhag , Assistant Attorney General, for the appellant, State of Tennessee, Tennessee Department of Transportation.

Craig N. Mangum , Matthew J. DeVries (at the Court of Appeals), Gregory Lee Cashion , and Donald Capparella , Nashville, Tennessee, for the appellee, Ray Bell Construction Company, Inc.

OPINION

JANICE M. HOLDER, J., delivered the opinion of the Court, in which CORNELIA A. CLARK, C.J., and GARY R. WADE, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

A construction company entered into a contract with the State of Tennessee to restructure an interstate interchange. The contract provides that the contract completion date "may be extended in accordance with the Standard Specifications, however, no incentive payment will be made if work...

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