DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091493P.pdf 07/22/2010 John T. Jones Construction Co. v. Hoot General Construction Co,
U.S. Court of Appeals Case No: 09-1493
and No: 09-1494
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Bye, Author, with Beam and Colloton, Circuit Judges]
Civil case - contracts. Substantial evidence supported the district
court's conclusion that defendant's transmission of submittals by the bid
deadline evinced intent to be bound by the subcontract; district court did
not err in concluding an exhibit, which was never signed and was
returned to defendant was not part of the contract and cannot be admitted
for the purpose of varying or rendering ambiguous the terms of the
contract; district court did not err in refusing to award liquidated damages
as its finding that the damages did not arise from breach of the contract
was supported by substantial evidence; award of attorneys' fees affirmed.