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REEDE CONSTRUCTION v. SOUTH DAKOTA DOT

27863.

903 N.W.2d 740 (2017)

2017 S.D. 63

REEDE CONSTRUCTION, INC., Plaintiff, Counterclaim Defendant and Appellee, v. SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, Defendant, Counterclaimant and Appellant.

Supreme Court of South Dakota.

OPINION FILED November 1, 2017.

Attorney(s) appearing for the Case

RONALD G. SCHMIDT of Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for plaintiff, counter claim defendant and appellee.

JUSTIN T. CLARKE of Davenport, Evans, Hurwitz & Smith LLP, Sioux Falls, South Dakota and EDWIN E. EVANS of Evans, Haigh & Hinton, LLP, Sioux Falls, South Dakota, Attorneys for defendant, counterclaimant and appellant.

[¶ 1.] The South Dakota Department of Transportation (DOT) contracted with Reede Construction Inc. (Reede) to perform highway construction work in Sioux Falls. DOT refused to issue a letter of acceptance after requesting numerous repairs, many of which Reede never performed. Reede eventually left the job and demanded...

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