HERION COMPANY, Plaintiff-Respondent v. TANEY COUNTY, MISSOURI

Following a jury trial, Taney County (the County) appeals from a judgment in favor of Herion Company (Herion), an excavating contractor. Herion sued the County for damages arising from an alleged breach of a road construction contract. Prior to trial, the trial court granted Herion’s first motion for partial summary judgment. Via this ruling, the trial court decided there was a conflict between two key provisions of the contract governing the performance and payment for additional work. 2 According to the trial court, this conflict meant: (1) the provision specific to the work performed, Job…