Indiana State Highway Commission v. Bates & Rogers Construction Corp.

CHIPMAN, Judge.

Bates and Rogers Construction Corp. (Bates) contracted with the Indiana State Highway Commission (Commission) to construct a 2 mile section of State Road 52. Upon completion of the project Bates sought payment from the Commission but it objected. After filing its two count complaint and moving for summary judgment Bates was granted a partial summary judgment on Count I. From this judgment the Commission appeals arguing the trial court should not have granted summary judgment due to its improper application of the law and due to the existence of genuine issues of material facts.…