(Download) "Milton Construction Company v. State" by Supreme Court of Alabama ~ Book PDF Kindle ePub Free
eBook details
- Title: Milton Construction Company v. State
- Author : Supreme Court of Alabama
- Release Date : January 14, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This is an appeal from a summary judgment in favor of the defendants, the State of Alabama, State of Alabama Highway Department,
and Royce King, as director of the State of Alabama Highway Department (hereinafter collectively referred to as "Highway Department").
The plaintiff, Milton Construction Company ("Milton"), had sought a judgment declaring that the disincentive clause of an
incentive/disincentive payments provision in each of two highway construction contracts that it had entered into with the
Highway Department was void and unenforceable as a penalty and requested that the trial court order the Highway Department
to pay Milton the amounts of disincentive payments that it withheld. The issues before us are whether a clause of a construction contract that authorizes the withholding of disincentive payments
is void and unenforceable as a penalty; whether Milton is estopped from asserting a claim that the disincentive clause is
void where it has previously received incentive compensation pursuant to the incentive clause of the incentive/disincentive
payments provision in a prior contract; and whether the trial court erred in failing to strike an affidavit allegedly based
on hearsay.