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C & W ENTERPRISES v. CITY OF SIOUX FALLS

No. 21735.

635 N.W.2d 752 (2001)

2001 SD 132

C & W ENTERPRISES, INC., a South Dakota Corporation, Plaintiff and Appellee, v. CITY OF SIOUX FALLS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 7, 2001.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr., Chad Swenson of Johnson, Heidepriem, Miner, Marlow and Janklow, Sioux Falls, for plaintiff and appellee.

Lon J. Kouri, David A. Pfeifle of May, Johnson, Doyle & Becker, Sioux Falls, for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] The City of Sioux Falls (City) and Sweetman Construction Company (Sweetman) entered into a general contract for the construction of an overpass and ramp at the intersection of 1229 and Louise Avenue in Sioux Falls. Sweetman subcontracted the sewer and watermain work to C & W Enterprises, Inc. (C & W), with the approval of City. Problems with the project specifications resulted in necessary repairs, the cost of which was...

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