City of Wahpeton v. Drake-Henne, Inc.

Syllabus to Opinion of Chief Justice Erickstad

1. Although backfill compaction was deficient at the time the certificate of completion was signed by the project engineer, *902the City did not waive compliance with the contract specifications by the engineer’s certification of completion and accordingly is not barred from recovering for defects resulting from the contractor’s failure to perform according to the specifications, when defects were discovered during the one-year period as provided for in I(H)3.(b) of the contract.

2. The pertinent provisions of the contract in the instant case limit…