Carrothers Construction Co. v. City of South Hutchinson

The opinion of the court was delivered by

Biles, J.:

This is an appeal from a district court’s decision on cross-motions for summary judgment in a contract case. The district court awarded liquidated damages against a construction company for failure to timely complete a municipal wastewater treatment facility. The issue is the extent to which liquidated damages are enforceable under the parties’ contract. The Court of Appeals affirmed the district court. This court granted the construction company’s petition for review. Our jurisdiction arises from K.S.A. 20-3018(b).

We affirm. In doing so, we…