Delzer Construction Co. v. South Dakota State Board of Transportation

CHEEVER, Retired Circuit Judge. *

On January 13, 1973, plaintiff entered into a contract with defendant to perform certain construction work in connection with interstate 90 and Highway 14 east of Wall, South Dakota. The work to be performed was described in the contract document as “grading, R.C. box culvert and part surfacing.” In connection with the grading, a portion of the dirt for the grade was to be obtained from the “Bloom” pit. The State had previously obtained a borrow pit agreement from Mr. Bloom, which provided that all topsoil on the pit should be removed, stockpiled, and replaced…