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COVE CREEK DEVELOPMENT CORP. v. APAC-ALABAMA, INC.

1900253.

588 So.2d 458 (1991)

COVE CREEK DEVELOPMENT CORPORATION v. APAC-ALABAMA, INC.

Supreme Court of Alabama.

June 28, 1991.

Attorney(s) appearing for the Case

Joseph M. Cloud of Morris, Smith, Siniard, Cloud and Fees, Huntsville, for appellant.

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, Montgomery, for appellee.

HORNSBY, Chief Justice.

APAC-Alabama, Inc. ("APAC"), brought a breach of contract action against Cove Creek Development Corporation ("Cove Creek"). APAC alleged that Cove Creek had wrongfully withheld $81,509.12 from payment for work APAC had performed for Cove Creek as a contractor. Cove Creek argued that under the terms of the construction contract it was entitled to withhold $300 per day as liquidated damages for each day that APAC was late in completing its contract...

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