Greer v. Division of Highways

HANLON, JUDGE:

*165Elmo Greer & Sons, Inc., hereinafter referred to as “Greer”, brought this action against the Division of Highways, hereinafter referred to as “respondent”, for delay damages resulting from the failure of an adjacent contractor, Green Construction Company, Inc., hereinafter referred to as “Green”, to comply with its contractual obligation in the construction of its portion of an “overlap” of the two projects. Both contractors were to construct sections of Interstate 64 east of Glade Creek in Raleigh County. Greer entered into a contract with respondent for the construction of…