Bowes Construction, Inc. v. South Dakota Department of Transportation

SEVERSON, Justice.

[¶ 1.] Bowes Construction, Inc., a subcontractor hired to produce aggregate materials for three asphalt paving projects, initiated this breach of contract action against the South Dakota Department of Transportation. Under the subcontracts, Bowes was contractually obligated to produce aggregate materials that would pass the Department’s sodium-sulfate-soundness test, and the Department was contractually obligated to accept Bowes’ aggregate materials in the absence of a valid basis to reject them. The parties’ subcontracts incorporated South Dakota’s standard test procedure…