Zook Bros. Construction Company v. State

Plaintiff appeals from a judgment of the district court, Lewis and Clark County.

Zook Brothers Construction Company (Zook) and the Montana Department of Highways (State) entered into a contract in June 1967, whereby Zook agreed to construct a segment of highway referred to as the “Montana City Project”, a 6.083 segment of interstate and secondary highway in Jefferson County, south of Helena, Montana. The contract allowed 300 days for completion of the project and involved a $3,000,000 contract between the parties.

The instant case involves Zook’s claim for damages allegedly caused by the…