Carrothers Const. Co., L.L.C. v. City of South Hutchinson

Jan 01, 2009

OUTCOME: The Kansas Court of Appeals and the Kansas Supreme Court affirmed in the city’s favor.

Mr. Norton was lead defense counsel in Carrothers Const. Co., L.L.C. v. City of South Hutchinson, 288 Kan. 743, 207 P.3d 231 (Kan. 2009), the seminal opinion on the application of liquidated damages in ... Kansas. Plaintiff Carrothers sued Mr. Norton’s client, the City of South Hutchinson, for alleged amounts owed on a multi-million-dollar municipal wastewater treatment facility. The city counterclaimed for declaratory judgment and won summary judgment at the trial level