Board of Public Works City of Hammond v. State ex rel. Cosby Bernard & Co.

HOFFMAN, Presiding Judge.

The Board of Public Works, City of Hammond, appeals the trial court’s denial of its motion to dismiss and grant of Bernard and Company’s motion for summary judgment.

The facts of this case were summarized in Bd. of Public Works v. L. Cosby Bernard & Co. (1988), Ind.App., 528 N.E.2d 93, 94:

“In 1972, L. Cosby Bernard and Company contracted with the City to provide architectural services on a city project. The contract provided that the company was to receive a percentage of the total construction cost with • payment being due after the sale of bonds or approved…