Kerr Const. Paving Co., Inc. v. Khazin

ELLIS, Judge.

On July 7, 1992, Kerr Construction Paving Inc. entered into a contract with the City of Independence, Missouri, for street improvements to Lake City Valley Road. In exchange for those improvements, Kerr Construction was to receive $153,777.

The City entered into a separate agreement with the Missouri Department of Transportation (“MoDOT”) under which the City would be reimbursed with federal funds for the project. As a condition of federal funding, MoDOT was to be allowed to inspect the project. Under the terms of the contract between the City and MoDOT, MoDOT had the ability to…