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HEINKEL v. CITY OF CORVALLIS

510 P.2d 579 (1973)

C.E. HEINKEL, Dba Heinkel Mechanical Contractors, Respondent-Cross-Appellant, v. CITY OF CORVALLIS, Appellant.

Court of Appeals of Oregon.

Decided May 31, 1973.

Attorney(s) appearing for the Case

Scott A. Fewel, Corvallis, argued the cause for appellant. With him on the brief was James Eickelberg, Corvallis.

Jack H. Cairns, Portland, argued the cause and filed the briefs for respondent-cross-appellant.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

FOLEY, Judge.

In December 1968, plaintiff-contractor entered into a contract with the city of Corvallis for the expansion of its Douglas Taylor Water Treatment Plant. The parties agreed that the work was to be completed by June 15, 1969, but the contract provided for extension of the completion date if the work was delayed by causes beyond the contractor's control. The contract also contained a liquidated damages provision which provided that the contractor would...

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