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COM. v. AMEC CIVIL, LLC

Record Nos. 091430, 091662.

699 S.E.2d 499 (2010)

COMMONWEALTH of Virginia, et al. v. AMEC CIVIL, LLC AMEC Civil, LLC v. Commonwealth of Virginia, et al.

Supreme Court of Virginia.

September 16, 2010.

Attorney(s) appearing for the Case

Richard Tyler McGrath , Senior Assistant Attorney General ( Kenneth T. Cuccinelli II , Attorney General; Wesley G. Russell, Jr. , Deputy Attorney General; Randall H. Wintory , Assistant Attorney General; William R. Mauck, Jr. ; Stephen G. Test , Virginia Beach; Matthew S. Sheldon , Washington, DC; Williams Mullen , on briefs), for the Commonwealth of Virginia and the Commonwealth of Virginia, Department of Transportation.

Anne Marie Whittemore ( Robert L. Hodges ; J. Tracy Walker IV , Richmond; Gregory S. Martin; McGuireWoods; Martin & Associates, on briefs), for AMEC Civil, LLC.

Present: KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and CARRICO and RUSSELL, S.JJ.

Opinion by Justice LEROY F. MILLETTE, JR.

This appeal concerns the performance of a construction contract between AMEC Civil, LLC (AMEC)1 and the Commonwealth of Virginia, and the Department of Transportation (collectively, VDOT). In addressing AMEC's twenty-two assignments of error and VDOT's two assignments of error and seven assignments of cross-error in the consolidated cases, we narrow the dispute to five primary issues: (1) whether...

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