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COONROD & WALZ CONSTR. CO. v. MOTEL ENTERPRISES, INC.

No. 47,599

217 Kan. 63 (1975)

535 P.2d 971

COONROD & WALZ CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. MOTEL ENTERPRISES, INC., et al., Defendant-Appellee; MOTEL ENTERPRISES, INC., Plaintiff-Appellee, v. COONROD & WALZ CONSTRUCTION COMPANY, INC., Defendant-Appellant; EARL W. HAMMAN, INC., Plaintiff-Appellee, v. THE WESTERN CASUALTY AND SURETY COMPANY, et al., Defendant-Third Party Plaintiff-Appellant, MOTEL ENTERPRISES, INC., et al., Third Party Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1975.

Attorney(s) appearing for the Case

Jerry L. Berg, of Bryant, Cundiff and Shanahan, of Wichita, argued the cause, and Glenn J. Shanahan, of the same firm, was with him on the brief for the appellants, Coonrod and Walz Construction Company, Inc.

Robert Martin, of Martin, Pringle, Schell and Fair, of Wichita, argued the cause, and John P. Woolf and J. Taylor Neuschwander, of the same firm were with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

The ultimate question in this case is the balance due the general contractor from the owner for the construction in 1969 and 1970 of the high-rise Holiday Inn Plaza motel in Wichita. The answer depends in large part on whether the guaranteed-maximum-cost provision of the construction contract continued in effect, or whether the parties by their conduct had waived that provision and converted the contract...

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