This section contains the nature of the case and procedural background.

P entered into a contract with D construct and surface a new public highway. P agreed to do the work for $530,724.14. P failed to complete the new highway on the date fixed and was late by 67 working days. D withheld $14,070.00 as liquidated damages from the amount due P computed according to the contract scale of daily damage for delay in construction. The per diem daily damage was $210. The contract deemed time an essential element of the contract and it was stipulated that delays would cost D monies to include engineering, inspection, and supervision. P sued D for withholding the monies. The trial court agreed with D and P appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.