Legal Opinion

J.H. Berra Construction Co. v. City of Washington

Missouri Court of Appeals

Decided February 14, 2017No. ED 104529PublishedCited by 11 opinions

1Opinion of the Court

Gary M. Gaertner, Jr., Judge

Introduction

J.H. Berra Construction Co., Inc. (Berra) appeals from the trial court’s judgment in favor of the City of Washington (the City) in Berra’s contract dispute following a bench trial. On appeal, Berra argues the trial court erred in concluding Berra was liable for a certain amount of liquidated damages, because the trial court misapplied the law in interpreting terms of the contract in calculating liquidated damages and because those terms were ambiguous. We reverse and remand for further proceedings in accordance with this opinion.

Background

Berra and the…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. Dunn Industrial Group, Inc. v. City of Sugar CreekSupreme Court of Missouri · 2003
  3. Twin River Construction Co. v. Public Water District No. 6Missouri Court of Appeals · 1983
  4. Monsanto Co. v. Syngenta Seeds, Inc.Missouri Court of Appeals · 2007
  5. Christopher & Simpson Architectural Iron & Foundry Co. v. E. A. Steininger Construction Co.Missouri Court of Appeals · 1918

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Jacobson Warehouse Co., Inc. v. Schnuck Markets, Inc.Court of Appeals for the Eighth Circuit · 2021
  2. Patterson v. Rough Road Rescue, Inc.Missouri Court of Appeals · 2017
  3. Schoedinger v. BeckMissouri Court of Appeals · 2018
  4. Dolly v. Concorde Career Colleges, Inc.Missouri Court of Appeals · 2017
  5. Fairmont/Monticello, LLC v. LXS Invs., Inc.Missouri Court of Appeals · 2018

6 more not listed; retrieve them via the Exa API.

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