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EXCEL UNDERGROUND v. BRANT LAKE SANITARY

#28580.

941 N.W.2d 791 (2020)

2020 S.D. 19

EXCEL UNDERGROUND, INC., Plaintiff and Appellee, v. BRANT LAKE SANITARY DISTRICT, Defendant and Appellant. Brant Lake Sanitary District, Plaintiff and Appellant, v. Excel Underground, Inc. & Granite Re, Inc., Defendants and Appellees, and Granite Re, Inc., Third-Party Plaintiff and Appellee, v. Reed I. Olson & Melissa D. Fischer-Olson, Third-Party Defendants.

Supreme Court of South Dakota.

OPINION FILED April 1, 2020.

Attorney(s) appearing for the Case

ELIZABETH S. HERTZ , VINCE M. ROCHE of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, HEATHER M. LAMMERS BOGARD of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, LLP, Rapid City, South Dakota, JEROME B. LAMMERS of Lammers Kleibacker, LLP, Madison, South Dakota, Attorneys for appellants.

DANIEL K. BRENDTRO , Sioux Falls, South Dakota, Attorney for appellee Excel Underground, Inc.

JOSEPH A. NILAN , DAVID H. GREGERSON of Gregerson, Rosow, Johnson & Nilan, LTD, Minneapolis, Minnesota, WILLIAM P. FULLER of Fuller & Williamson, LLP, Sioux Falls, South Dakota, Attorneys for appellee Granite Re, Inc.

GREGORY WHEELER of Boyce Law Firm, LLP, Sioux Falls, South Dakota, Attorneys for appellee Schmitz Kalda & Associates.

TODD MEIERHENRY of Meierhenry & Sargent, LLP, Sioux Falls, South Dakota, Attorneys for amicus curiae Dakota Homestead Title Insurance Company and South Dakota Conservancy District.

[¶1.] In 2012, the Brant Lake Sanitary District (the District) contracted with Schmitz, Kalda, and Associates, Inc. (SKA) to engineer a sewer system and with Excel Underground, Inc. (Excel) to install it. After lengthy delays, the District terminated Excel's contract, and Excel and the District sued each other for breach of contract...

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