United States Eighth Circuit

Plaintiff was entitled to payment of retainage as expiration of all statutory periods of limitations for mechanic's liens and materialmen's liens constitutes satisfactory evidence of no undischarged liens pursuant to parties' contract. Plaintiff failed to show defendant had waived compliance with contract procedures for requests for additional compensation arising from unexpected volume and difficulty of work.

Appellate Information

• Decided 11/05/2002
• Published 11/05/2002

Judges

• BEAM, Circuit Judge., Before BYE, BEAM, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Aubrey L. Coleman, argued, Atlanta, GA (Gary D. Jiles and Guy W. Murphy, on the brief), for appellant.


• For Appellees:
  
• Charles L. Schlumberger, argued, Little Rock, AR (Stephen R. Lancaster, on the brief), for appellee.