Legal Opinion
Indiana Department of Transportation v. Shelly & Sands, Inc.
Indiana Court of Appeals
Decided October 23, 2001No. 29A02-0103-CV-165PublishedCited by 29 opinions
1Opinion of the Court
OPINION
VAIDIK, Judge.
Case Summary
This interlocutory appeal involves summary judgment rulings between the Indiana Department of Transportation (the Department) and Shelly & Sands, Inc. (the Contractor) concerning a dispute over compensation for road reconstruction work. The Department appeals the denial of its summary judgment motion. We find that the exculpatory clause contained in the contract between the Department and the Contractor limited damages resulting from any delays caused by utility relocation to an extension of the project completion date. We further find that the Indiana Tort…
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