DICKINSON CO. v. IOWA STATE DEPT. OF TRANSP.

No. 64374.

300 N.W.2d 112 (1981)

DICKINSON CO., INC., Appellant, v. IOWA STATE DEPARTMENT OF TRANSPORTATION, Appellee.

Supreme Court of Iowa.

January 14, 1981.


Attorney(s) appearing for the Case

Garold F. Heslinga, Oskaloosa, for appellant.

Lester A. Paff and Craig Gregersen, Asst. Attys. Gen., for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, HARRIS, McCORMICK, and LARSON, JJ.


HARRIS, Justice.

Plaintiff, an electrical contractor, agreed to a "no-damage" clause in a contract with the defendant Iowa department of transportation (the department). There were extensive delays in the project which for two years prevented plaintiff from performing. Notwithstanding the contractual no-damage provision, plaintiff brought this suit on the theory that the delays here were not of the kind contemplated by the parties when they made the contract. We think...

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