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  5. 957 S.W.2d 315 (1997)
 

CITY OF INDEPENDENCE v. KERR CONST. PAVING

No. WD 51016.

957 S.W.2d 315 (1997)

CITY OF INDEPENDENCE, Missouri, for the Use of Wilbur D. BRIGGS, Appellant, v. KERR CONSTRUCTION PAVING COMPANY, INC., and The Hartford Fire Insurance Company, Respondents.

Missouri Court of Appeals, Western District.

Decided August 12, 1997.

Motion for Rehearing and/or Transfer to Denied September 30, 1997.

Application for Transfer Denied January 27, 1998.

Attorney(s) appearing for the Case

Richard W. Mason, Kansas City, for appellant.

Don R. Lolli, Kansas City, for Respondent Kerr Construction Paving Co.

George S. Ruprecht, Kansas City, for Respondent Hartford Fire Insurance Co.

Before SMART, P.J. and SPINDEN and ELLIS, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 30, 1997.

SMART, Presiding Judge.

This is an appeal of an action under the "Public Works Prompt Pay Statute," § 34.057, RSMo 1994. The statute provides for penalties for late payment of subcontractors and material suppliers on public works projects, and allows recovery of attorney's fees by the prevailing party in such litigation. In this...

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