RANDY KINDER EXCAVATING v. JA MANNING CONSTRUCTION

No. 17-2886.

899 F.3d 511 (2018)

RANDY KINDER EXCAVATING, INC., Plaintiff-Appellant Tricon Precast, Ltd., Plaintiff v. JA MANNING CONSTRUCTION COMPANY, INC.; Granite Re, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 7, 2018.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Matthew Wayne Willis , of Dyersburg, TN.

Counsel who presented argument on behalf of the appellee was Robert L. Magrini , of Oklahoma City, OK. The following attorney also appeared on the appellee brief; Evan B. Gatewood , of Oklahoma City, OK.

Before COLLOTON, ARNOLD, and SHEPHERD, Circuit Judges.


This construction dispute arises from a government contract to build a pumping station for the purpose of managing water levels around parts of the lower White River in Arkansas. As with many large-scale projects, this venture was plagued with delays from its inception. These delays were caused by weather events, scheduling...

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