Markwed Excavating, Inc. v. City of Mandan

CROTHERS, Justice.

[¶ 1] Markwed Excavating, Inc., appeals from orders granting summary judgment dismissal of its action against the City of Mandan and against Swenson, Ha- gen & Company for breach of contract and for negligence. We hold the plain and unambiguous language of the construction contract between Mandan and Markwed precludes Markwed from recovering damages for delays allegedly caused by Man-dan or Swenson. We affirm the summary judgments.

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[¶ 2] After competitive bidding, Man-dan and Markwed entered into an August 16, 2006 contract for a storm sewer improvement project requiring…