City of Sioux Falls v. Henry Carlson Co.

ZASTROW, Justice.

The City of Sioux Falls (City) has appealed from the trial court’s determination denying its claim for refund of progress payments made to defendants Henry Carlson Company, Inc. (Carlson) and Ron M. Fiegen, Inc. (Fiegen) pursuant to a remodeling contract for the Sioux Falls Coliseum Annex prior to its destruction. We affirm.

In 1972, the City contracted with Carlson and Fiegen to remodel the Sioux Falls Coliseum Annex. The remodeling project was substantially completed when a fire destroyed the Annex on January 5,1973. Before the fire, Carlson had received $61,-529.40 on a…