COM. v. AMEC CIVIL, LLC

Record Nos. 2061-08-2, 1961-08-2.

677 S.E.2d 633 (2009)

54 Va. App. 240

COMMONWEALTH of Virginia and Commonwealth of Virginia, Department of Transportation v. AMEC CIVIL, LLC. Amec Civil, LLC v. Commonwealth of Virginia and Commonwealth of Virginia, Department of Transportation.

Court of Appeals of Virginia, Richmond.

June 16, 2009.


Attorney(s) appearing for the Case

Richard Tyler McGrath, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General; Maureen Riley Matsen, Deputy Attorney General; Randall H. Wintory, Assistant Attorney General; William R. Mauck, Jr., Richmond; Stephen G. Test, Virginia Beach; Matthew S. Sheldon; Williams Mullen, on briefs), for the Commonwealth of Virginia and the Commonwealth of Virginia, Department of Transportation.

Gregory S. Martin (Brian P. Heald; Roger C. Brown; J. William Watson, Jr.; Moye, O'Brien, O'Rourke, Pickert & Martin, LLP; Watson & Morrison, P.C., Halifax, on briefs), for AMEC Civil, LLC.

Present: KELSEY and HALEY, JJ., and BUMGARDNER, S.J.


KELSEY, Judge.

Pursuant to Code § 33.1-387, AMEC Civil, LLC filed suit against the Virginia Department of Transportation (VDOT) for cost overruns on a government contract.1 In response, VDOT argued AMEC failed to provide timely "written notice of its intention to file such claim" when the problems arose during the management of the contract — a statutory requirement under Code § 33.1-386(A). VDOT also challenged several...

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