Department of Transportation v. White Construction Co.

The Department of Transportation (DOT) timely filed a petition for writ of certiorari from the trial court’s order denying its motion to dismiss the counterclaim filed by the respondent White Construction Company, Inc. (White). The petition for certiorari is granted and the trial court’s order denying the motion to dismiss the counterclaim is quashed.

On October 29, 1974, one of White’s corporate predecessors contracted with DOT to construct a portion of Interstate 10. In October 1983, DOT sued White to recover approximately $136,000 it had allegedly overpaid White. White filed an answer and a…