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Roberts Contracting Co. v. Valentine-Wooten Road Public Facility Board

2009 Ark. App. 437, 320 S.W.3d 1 (Ark. Ct. App. 2009)

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Roberts Contracting Co. v. Valentine-Wooten Road Public Facility Board

Arkansas Court of Appeals

2009 Ark. App. 437, 320 S.W.3d 1 (Ark. Ct. App. 2009)

Facts

Valentine-Wooten Road Public Facility Board (VWR) (defendant) hired Roberts Contracting Co. (Roberts) (plaintiff) to build a sewer system. The construction ran into a number of issues, including obtaining necessary easements, weather, and a separate contract dispute. As a result, Roberts’s ability to complete construction was continually delayed and more than a year after the initial projected completion date, Roberts ceased performance. Roberts had been paid throughout the entire process, but the sewer system was not functional when he ceased performance. After Roberts walked off the job, VWR refused to pay Roberts’s last bill in its entirety. Roberts brought suit against VWR. The trial court found in favor of VWR, concluding that Roberts had not substantially performed. Roberts appealed.

Rule of Law

Issue

Holding and Reasoning (Gruber, J.)

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