ROHLIN CONST. CO. v. CITY OF HINTON

No. 90-1033.

476 N.W.2d 78 (1991)

ROHLIN CONSTRUCTION CO., INC., Appellee, v. CITY OF HINTON, Iowa, and Plymouth County, Iowa, Appellants.

Supreme Court of Iowa.

October 16, 1991.


Attorney(s) appearing for the Case

Patrick J. Phipps of Metcalf, Thompson & Phipps, Moville, for appellant City of Hinton.

Robert J. Dull, County Atty., Le Mars, for appellant Plymouth County.

Donald J. Hemphill of Hemphill Law Office, Spencer, for appellee.

Considered by HARRIS, P.J., and SCHULTZ, CARTER, LAVORATO and SNELL, JJ.


SCHULTZ, Justice.

The issues in this appeal center on the question of whether the liquidated damage clauses in three road construction contracts were actually penalty clauses and therefore void. The trial court refused to impose liquidated damages on the contractor. Our court of appeals affirmed. We affirm both courts.

In the spring of 1988, defendants Plymouth County (county) and the City of Hinton (city) entered a joint project for resurfacing certain county...

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