OPINION ISSUED JANUARY 12, 2000

THE CONTINENTAL INSURANCE COMPANY
VS.
WEST VIRGINIA STATE POLICE AND
DEPARTMENT OF ADMINISTRATION
(CC-98-444)

Charles F. Bagley, III, Attorney at Law, for claimant.
John Poffenbarger and Brian Casto, Attorneys at Law, for respondent.

PER CURIAM:
This claim was submitted to the Court for decision upon a Stipulation entered into by claimant and respondent wherein certain facts and circumstances of the claim were set forth as follows:
1. On May 6, 1996, claimant executed a performance bond as surety for Jo-Del, Inc., a contractor for the construction of a public improvement project known as "State Police Headquarters Requisition No. DPS9606." The contractor and principal on the bond, Jo-Del, Inc., failed to complete all the work on the project in accordance with the terms of the contact, and subsequently, defaulted on its payment obligations to numerous sub-contractors and suppliers. Claimant, as surety, then paid the sub-contractors and engaged another contractor to complete the project.
2. Claimant, in its performance as surety, was assessed liquidated damages in the amount of $36,000.00 by respondent, and then filed a claim in this Court to recover this amount. However, claimant has agreed to relinquish and settle its claim against respondent for the sum of $21,255.00.
3. Respondents agree that the amount of damages as agreed to by the parties is a fair and reasonable settlement of the claim.
The Court, having reviewed the facts of the claim as stated in the Stipulation, hereby adopts the statement of facts as its own. Further, the Court has determined that the amount of the settlement agreed to by the parties is fair and reasonable.
In view of the foregoing, the Court is of the opinion to and does make an award in the amount of $21,255.00 to claimant.
Award of $21,255.00.

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STIPULATION ENTERED JANUARY 19, 2000

IN THE COURT OF CLAIMS OF THE STATE OF WEST VIRGINIA

AT&T CORPORATION,

Claimant,
v. CLAIM NO. CC-98-129
WEST VIRGINIA DEPARTMENT OF
TRANSPORTATION, DIVISION OF HIGHWAYS,

Respondent.
STIPULATION

On this day came the claimant, AT& T Corporation, by counsel, Daniel T. Booth, and respondent, West Virginia Department of Transportation, Division of Highways, by counsel, Andrew F. Tarr, and announced to the Clerk of the Court of Claims that the parties have agreed to stipulate to the above-referenced claim. Specifically, the parties stipulate the following:
1. On or about April 17, 1996, in the course of excavating debris caused by flooding, Ground Breakers, Inc., a contractor employed by the respondent, accidentally cut a fiber optic cable owned and operated by the claimant.
2. The location of the incident described in the preceding paragraph 'Nas a stream in Mineral County, West Virginia.
3. As a result of the fiber optic cable being cut, claimant suffered damages.
4. Respondent admits to some, but not all, responsibility for the events that led to the cutting of claimant's cable on Apri117, 1996, and further admits that the degree of its responsibility in the events that precipitated the cutting of claimant's cable creates a moral obligation on the part of respondent to provide some compensation to claimant for its loss.
5. Respondent agrees to reimburse claimant in the total amount of $90,000.00 for the damages suffered in this claim.
6. I The parties to this claim agree that the total sum of $90,000.00 paid by respondent to claimant in Claim No. CC-98-129 acts as a full and complete settlement, compromise and resolution of all matters in controversy in said claim and as a full and complete satisfaction of any and all past and future claims claimant may have against respondent arising from the matters described in said claim.
WHEREFORE, in accordance with the agreement contained in this stipulation, this Court makes an award of $90,000.00 to the claimant in Claim Number CC-98-129.

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