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Case No. 18-1933

S.M. Hentges & Sons Inc. v. City of Iowa City

S.M. Hentges & Sons Inc., Plaintiff-Appellant

Shank Constructors Inc., Plaintiff


City of Iowa City, Continental Casualty Company and Joseph J. Henderson & Sons, Inc., Defendants-Appellees

Attorney for Appellant

Matthew T. Collins

Attorney for Appellees

Kevin J. Caster and Dana L. Oxley

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 23, 2020

            Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge.  AFFIRMED AND REMANDED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J.  (9 pages)

            This appeal stems from a breach-of-contract dispute between subcontractor S.M. Hentges & Sons Inc. and general contractor Joseph J. Henderson & Sons Inc.  Hentges sued Henderson seeking about $500,000 for its excavation work on a public improvement project.  Henderson counterclaimed, alleging Hentges failed to perform its work properly or timely.  The jury ruled in favor of Henderson.  Hentges now appeals the district court’s post-verdict determination that it owes costs and attorney fees to Henderson.  OPINION HOLDS: Because the district court properly determined Henderson was the prevailing party, we affirm its rulings.  We remand for the district court to fix a reasonable amount of appellate attorney fees. 

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