Legal Opinion
Scherbenske Excavating, Inc. v. North Dakota State Highway Department
North Dakota Supreme Court
Decided April 9, 1985No. Civ. 10818PublishedCited by 21 opinions
1Opinion of the Court
LEVINE, Justice.
This is an appeal by the State Highway Department from a district court judgment affirming an arbitration award of $781,-604.00 in favor of Scherbenske Excavating, Inc. (Scherbenske) and denying the Highway Department’s motion to vacate the award.
In the summer of 1980 Scherbenske contracted with the Highway Department to pave 21.5 miles of roadway near Beulah. The contract provided that Scherbenske would commence work by mid-August 1980 and complete the project by the fall of 1980. It was further agreed that Scher-benske would work on a mile-by-mile basis as the subcontractors…
2Cases cited20 opinions
- Southland Corp. v. KeatingSupreme Court of the United States · 1984
- Mount St. Mary's Hospital v. CatherwoodNew York Court of Appeals · 1970
- J. D. Hedin Construction Company, Inc., for Its Own Use and for the Use of Fischbach & Moore, Its Sub-Contractor v. The United StatesUnited States Court of Claims · 1965
- James A. Boyajian, Assignee of Triumph Manufacturing Company, Bankrupt v. The United StatesUnited States Court of Claims · 1970
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. HoveyCourt of Appeals for the Eighth Circuit · 1984
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Little v. TracyNorth Dakota Supreme Court · 1993
- John T. Jones Construction Co. v. City of Grand ForksNorth Dakota Supreme Court · 2003
- Gratech Co., Ltd. v. Wold Engineering, PCNorth Dakota Supreme Court · 2007
- Superpumper, Inc. v. Nerland Oil, Inc.North Dakota Supreme Court · 1998
- Byron's Construction Co. v. North Dakota State Highway DepartmentNorth Dakota Supreme Court · 1989
16 more not listed; retrieve them via the Exa API.