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W.M. SCHULTZ CONSTR. v. AGENCY OF TRANSP.

No. 17-436.

203 A.3d 1205 (2018)

2018 VT 130

W.M. SCHULTZ CONSTRUCTION, INC. v. VERMONT AGENCY OF TRANSPORTATION.

Supreme Court of Vermont.

December 7, 2018.

Attorney(s) appearing for the Case

William Alexander Fead of Fead Construction Law, PLC, South Burlington, and John W. Dreste of Ernstrom & Dreste, LLP, Rochester, New York, for Plaintiff-Appellee.

Thomas J. Donovan, Jr. , Attorney General, Eleanor L.P. Spottswood and Toni Hamburg Clithero , Assistant Attorneys General, Montpelier, for Defendant-Appellant.

PRESENT: Reiber, C.J., Skoglund, Robinson, Eaton and Carroll, JJ.

¶ 1. The Vermont Agency of Transportation (VTrans) appeals from the Transportation Board's order granting judgment to W.M. Schultz Construction, Inc. in this contract dispute. The Board concluded that Schultz encountered "differing site conditions" in carrying out its bridge-construction project and that it was entitled to an equitable...

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