Holloway & Son Construction Co. v. Mattingly Bridge Co.

STERNBERG, Justice.

This litigation grew out of a contract for highway construction. For convenience, we will refer to Holloway & Son Construction Company, Inc., as “Holloway,” to Mattingly Bridge Company, Inc., as “Mattingly,” and *569to the Commonwealth of Kentucky, Department of Transportation, Bureau of Highways, as “Department.”

In January, 1971, Holloway entered into a contract with the Department for the construction of an 8-mile section of the Bowling Green-Somerset Parkway. On February 9, 1971, Holloway entered into two contracts with Mattingly for the bridge and concrete structures. The…