Morris, Inc. v. State Ex Rel. South Dakota Department of Transportation

AMUNDSON, Justice (on reassignment).

[¶ 1.] Morris, Inc. (Morris) held a subcontract with the South Dakota Department of Transportation (DOT) for a highway paving project in Hand County, South Dakota. Morris incurred unforeseen additional expenses due to difficulties in extracting the necessary aggregate from a state option gravel pit. Morris filed an administrative claim for reimbursement for these expenses. DOT denied reimbursement. Morris brought suit in circuit court. The trial court granted summary judgment in favor of DOT. Morris appeals. We reverse and remand.

FACTS

[¶ 2.] Morris is an…