G. H. Lindekugel & Sons, Inc. v. S. D. State Highway Commission

ANDERST, Circuit Judge.

The plaintiff contracted with the defendant on or about May 3, 1965, to construct a state highway department office and laboratory building. The building consists of two connected sections, referred to as the “A” section and “B” section. The contract provided the “B” section was to be completed by September 1, 1966, and the “A” section was to be completed by December 1, 1966. The plaintiff was subsequently given an extension of the completion date on each section. The “B” section was actually completed on January 8, 1967, or 85 days later than the extended dateline, and…