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TOBIN CONSTR. CO. v. KEMP

No. 58,497

239 Kan. 240 (1986)

718 P.2d 302

J.A. TOBIN CONSTRUCTION CO., Appellant, v. JOHN B. KEMP, SECRETARY OF TRANSPORTATION, Appellee.

Supreme Court of Kansas.

Opinion filed May 2, 1986.

Attorney(s) appearing for the Case

Frederick G. Thompson, IV, of Gould & Moore, P.C., of Kansas City, Missouri, argued the cause, and Thomas M. Moore, of the same firm, and James T. Wiglesworth, of Perry & Hamill, of Overland Park, were with him on the briefs for appellant.

Kris E. McKinney, of Kansas Department of Transportation, argued the cause, and Michael B. Rees, of the same department, was with her on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is a dispute between plaintiff J.A. Tobin Construction Co. and defendant Secretary of Transportation concerning which should bear the cost of corrective work on a defective concrete culvert.

Plaintiff was the general contractor on a highway construction project. As a part of its performance under the contract, plaintiff (through a subcontractor) constructed a concrete box culvert. The contract...

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