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TURNER v. LOW RENT HOUSING AGENCY

No. 84-1938.

387 N.W.2d 596 (1986)

Clinton A. TURNER and Juanita A. Turner, Plaintiffs, v. LOW RENT HOUSING AGENCY OF the CITY OF DES MOINES, Iowa, Appellant, and B.B. Andersen Development Company, Inc., Appellee. B.B. ANDERSEN DEVELOPMENT COMPANY, INC. and B.B. Andersen Construction Co., Inc., Third-Party Plaintiffs, v. R.G. ELDER & SON COMPANY, State Surety Company and Trossen Wright & Associates, Architects, Third-Party Defendants.

Supreme Court of Iowa.

May 21, 1986.

Attorney(s) appearing for the Case

Paul H. Rosenberg and Raymond Rosenberg of Rosenberg, Rosenberg & Reade, Des Moines, for appellant Low Rent Housing Agency of the City of Des Moines.

John A. Templer, Jr. and David J. Darrell of Davis, Hockenberg, Wine, Brown & Koehn, Des Moines, for appellees B.B. Andersen Development Co., Inc. and B.B. Andersen Const. Co., Inc.

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

LARSON, Justice.

A fifty-unit low-rent housing facility was built in Des Moines in a cooperative effort by the Housing and Urban Development agency of the federal government (HUD) and the Low Rent Housing Agency of the City of Des Moines. B.B. Andersen Development Company, Inc. and B.B. Andersen Construction Company, Inc. (referred to collectively as Andersen) were employed to do the work.

A steep slope on the east side of the project became a problem and...

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