Dave Gustafson & Co. v. State

156 N.W.2d 185 (1968)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P entered into a contract with D construct and surface a new public highway. P agreed to do the work for $530,724.14. P failed to complete the new highway on the date fixed and was late by 67 working days. D withheld $14,070.00 as liquidated damages from the amount due P computed according to the contract scale of daily damage for delay in construction. The per diem daily damage was $210. The contract deemed time an essential element of the contract and it was stipulated that delays would cost D monies to include engineering, inspection, and supervision. P sued D for withholding the monies. The trial court agreed with D and P appealed.