Burns & McDonnell Engineering Co. v. Torson Construction Co.

HANNA, Judge.

Appellant, Bums & McDonnell Engineering Company, Inc. (Burns), appeals from a grant of summary judgment in favor of respondent, Torson Construction Company, Inc. (Torson). The trial court found that Bums failed to file its claim for indemnity and breach of contract within the limitations period prescribed by § 516.120 RSMo (1986).

Torson was the general contractor for construction of a sewer project in the City of Lee’s Summit, Missouri, and Burns served as design engineer and consultant. While operating heavy earthmoving equipment, Torson employees were charged with striking a…