Cargill, Inc. v. Cementation Co. of America

PONDER, Judge.

Plaintiff appealed from a partial summary judgment dismissing plaintiff’s claim for lost profits.

The sole issue is the effect of a contractual provision.

We reverse and remand.

Plaintiff, operator of a salt mine, contracted with defendant, The Cementation Company of America (Cementation), for the construction of a salt mine shaft. The contract contained the following clause:

“14. If within one (1) year after acceptance or after termination of this Agreement the Company notifies the Contractor of any defects or inadequacies in the design, workmanship or materials which were within…