CHAPTER 710

An Act for the relief of Robert T. Main and Kathryn M. Main, partners
trading as Robert T. Main Company.

[H 790]
Approved April 6, 1966

Whereas, on January 5, 1959, Robert T. Main and Kathryn M. Main,
partners trading as Robert T. Main Company, (referred to herein as
“Main Company”) entered into a contract with the Virginia Department of
Highways for the construction and improvement of a portion of Interstate
Route 66, designated as Projects Numbers 0066-029-101-G-1 and 0066-076-
101-G-1; and

Whereas, the aforesaid contract, among other things, provided for the
excavation, placement, and stabilization by Main Company of approxi-
mately 196,000 cubic yards of select material and provided that Main
Company would be paid therefor at a designated unit price with the
quantity of select material so excavated, placed and stabilized to be meas-
ured by cross sections made in its original position; and

Whereas, the Virginia Department of Highways in measuring the
quantity of such select material erroneously measured the same after it had
been excavated, placed and compacted upon the project roadbed so that the
Main Company was paid a sum for such material and work which was
$30,000.00 less than that which Main Company would have been paid had
the quantity of such material been measured in the manner provided for in
the aforesaid contract; and

Whereas, Main Company has been barred and prevented from assert-
ing this claim by virtue of a provision of the aforesaid contract giving to
the Commissioner of Highways the final and conclusive right to decide all
questions and disputes arising relative to the construction, prosecution and
fulfillment of the contract, and as to the quantity of any materials fur-
nished or work done under the said contract; and

Whereas, the only remedy available to Main Company lies at the hands
of the General Assembly of Virginia; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. § 1. There is hereby appropriated from funds available for the con-
struction. reconstruction and maintenance of the State highway system the
sum of thirty thousand dollars to be paid by the State Treasurer on war-
rant of the Comptroller issued upon vouchers signed by the State Highway
Commissioner to Robert T. Main and Kathryn M. Main, partners trading
as Robert T. Main Company, upon execution by them of a release of all
claims they may have against the Commonwealth or any employees thereof
in connection with, or arising out of, the aforesaid contract.