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Case No. 22-2098

For summaries from opinions prior to August, 2018, view PDF versions here

Smith v. Iowa Association of Community College Trustees

Rochon Corporation of Iowa, Inc., n/k/a Graphite Construction Group, Inc., Defendant-Appellant,


Des Moines Area Community College, Defendant-Appellee.

Attorney for Appellants

Stephen D. Marso and Bryn E. Hazelwonder

Attorney for Appellee Des Moines Area Community College

Jodie McDougal, Philip S. Bubb, and Michael D. Currie

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 07, 2024

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (28 pages)

            Graphite Construction Group, Inc. (Graphite Construction), the principal contractor on a public construction project, appeals the district court’s ruling that it was not yet due part of the retainage being held by the owner of the project, Des Moines Area Community College (DMACC).  OPINION HOLDS: Because Graphite Construction’s request for release of the full value of the surety bond from the retainage fund was timely and appropriate under Iowa Code section 573.16(2) (2022), and because DMACC cannot rely on section 573.28 to withhold some retainage based on the value of uncompleted labor and materials, we reverse the decision of the district court and remand for an order granting payment from the retention fund in the amount of $82,627.78, plus interest as provided by section 573.16(2).  We deny the request to award attorney fees to Graphite Construction.

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