City of Kimberling City v. Leo Journagan Construction Co.

NANCY STEFFEN RAHMEYER, Presiding Judge.

City of Kimberling City (“the City”) and Leo Journagan Construction Company, Inc. (“Journagan”) entered into an agreement for the construction of a sanitary sewer system (“Journagan Contract”); the City also entered into a contract with E.T. Archer Corporation (“Archer”) to provide professional engineering services with regard to the system for the City (“Archer Contract”). The City brought suit against Journagan for breach of contract and breach of warranty; Journagan asserted an affirmative defense that the City had waived its claim under the Contract…