Abel Construction Co. v. School District

This is an action by Abel Construction Company, plaintiff, to recover from the defendant, School District of Seward, $5,175 alleged to be the balance owed upon a contract for the construction of an athletic track with a rubber asphalt resilient surface and other improvements at the Seward high school. The contract provided for liquidated damages of $75 for each day completion of the construction extended beyond the specified 60-calendar day “contract period.” The defendant had withheld the liquidated damages for a claimed completion delay of 69 days. The trial judge determined as a matter of…