Bill McMullen Construction Co. v. Western Contracting Corp.

MOORE, Chief Justice.

On November 26, 1968 plaintiff (McMul-len) and defendant (Western) entered into a contract wherein Western, prime contractor with the Iowa State Highway Commission (ISHC), awarded a subcontract for certain specified earth moving to McMullen. The work involved removing and disposing of a temporary ramp from old Highway 6 up to Interstate 80 in Pottawattamie County. The payment terms were to be based “on plans quantity as paid by the ISHC” at the rate of 35 cents per cubic yard for removal of a planned quantity of 24,300 cubic yards.

While McMullen was on the job, another…