Cillessen Construction Co. v. Scotts Bluff County Housing Authority

Plaintiff has appealed an order of the district court granting the defendant’s motion for summary judgment.

This dispute centers upon whether Cillessen Construction Company (Cillessen) could seed the grass areas in a housing project or whether the contract required sod. Cillessen completed the project with sod and brought suit for the cost difference.

On September 9, 1980, Cillessen executed a contract with the defendant, Scotts Bluff County Housing Authority (Authority), to build 54 low-cost housing units for the price of $1,623,500.

On October 20, 1980, approximately 1 month after signing the…