Case No. 21-1966

Bridge Gap Engineering, LLC, on its own behalf and as assignee of Missouri Cement, L.L.C., d/b/a Continental Cement Company, L.L.C.
v.
American Pfeiffer Corporation, d/b/a Christian Pfeiffer America and Christian Pfeiffer Maschinefabrik, GMBH

Appellee

Bridge Gap Engineering, LLC, on its own behalf and as assignee of Missouri Cement, L.L.C., d/b/a Continental Cement Company, L.L.C.

Appellant

American Pfeiffer Corporation, d/b/a Christian Pfeiffer America and Christian Pfeiffer Maschinefabrik, GMBH

Attorney for the Appellee

James S. Zmuda and Keisha N. Douglas

Attorney for the Appellant

Ian J. Russell, Grace E. Mangieri, and Jenny L. Juehring

Court of Appeals

Court of Appeals Opinion

Summary

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (11 pages)

            Bridge Gap Engineering, LLC was granted uncontested summary judgment in this contract dispute against American Pfeiffer Corporation.  American Pfeiffer appeals the damages award, asserting the liquidated damages provision of their contract limits Bridge Gap’s ability to recover.  The district court denied American Pfeiffer’s motion to reconsider on the basis that the contract was additional evidence not already before the court.  OPINION HOLDS: We find the district court erred when it considered the contract additional evidence and did not reconsider the damages award to incorporate the contract terms.  We reverse the ruling on damages and remand for a determination of damages considering the applicability of the contract.