KEITH v. BURZYNSKI

No. 5335.

621 P.2d 247 (1980)

William R. KEITH, d/b/a Keithco, Appellant (Defendant), v. Lawrence F. BURZYNSKI, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 23, 1980.


Attorney(s) appearing for the Case

B.J. Baker, of Brown, Drew, Apostolos, Massey & Sullivan, Casper, for appellant (defendant).

John Burk, of John Burk, P.C., Casper, for appellee (plaintiff).

Before RAPER, C.J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.


ROSE, Justice.

A utility contractor and a land developer entered into a construction contract, according to the terms of which the contractor was to be liable for liquidated damages at the rate of $150.00 per day for construction delay. Construction was, in fact, delayed for 83 days, and it is undisputed that at least 18 days of this delay were chargeable to the land developer. The trial court apportioned the fault for failure to timely complete the work and assessed...

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