Vecellio & Grogan, Inc. v. Division of Highways

Vecellio & Grogan, Inc., a West Virginia corporation (hereinafter “V&G”, brings this action against the West Virginia Division of Highways (hereinafter “D/H”) for damages resulting for an alleged breach of a highway construction contract between them, which called for excavation and construction on Project ID-77-2(50)77 at the Sharon Interchange of the former West Virginia Turnpike but now Interstate 77, in Kanawha County, West Virginia.

The contract, dated 31 May 1993 is divisible, one part relating to excavation and removal of unclassified material, and one part relating to new road…