Nicholson Construction Co. v. Missouri Highway & Transportation Commission

THOMAS H. NEWTON, Judge.

After experiencing substantial problems during work on a bridge construction project, Nicholson Construction Company (Nicholson) brought an action against the Missouri Highway and Transportation Commission (MHTC) to recover damages purportedly incurred on the project and to obtain a declaratory judgment regarding Nicholson’s potential exposure should the bridge later fail because of inadequate support.

MHTC filed a motion for partial summary judgment, contending that the parties had executed a change order 1 barring Nicholson from recovering any damages incurred on the…