JORGE CONST. CO. v. WEIGEL EXC. & GRADING CO.

No. 83-220.

343 N.W.2d 439 (1984)

JORGE CONSTRUCTION CO., Appellant, v. WEIGEL EXCAVATING AND GRADING COMPANY CORP., Appellee.

Supreme Court of Iowa.

January 18, 1984.


Attorney(s) appearing for the Case

William D. Baker of Davis, Baker & Bergman, Des Moines, for appellant.

Bruce H. Stoltze of Brick, Seckington, Bowers, Schwartz & Gentry, Des Moines, for appellee.

Considered by UHLENHOPP, P.J., and HARRIS, McGIVERIN, LARSON, and CARTER, JJ.


HARRIS, Justice.

Jorge Construction Company, a general contractor, brought this law action against Weigel Excavating and Grading Company Corp., a subcontractor, asserting that excavation work for a school construction project was improperly done. There was prior litigation in which both Jorge and Weigel became involved. The trial court sustained Weigel's motion for summary judgment on the ground Jorge's claim is barred because it should have been asserted by way of...

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