Employers Mutual Casualty Co. v. City of Marion

577 N.W.2d 657, 1998 Iowa Sup. LEXIS 77
CourtSupreme Court of Iowa
DecidedApril 22, 1998
DocketNo. 96-1961
StatusPublished
Cited by3 cases

This text of 577 N.W.2d 657 (Employers Mutual Casualty Co. v. City of Marion) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Employers Mutual Casualty Co. v. City of Marion, 577 N.W.2d 657, 1998 Iowa Sup. LEXIS 77 (iowa 1998).

Opinion

LAVORATO, Justice.

Employers Mutual Casualty Co. brought this declaratory judgment action to determine its liability on a public improvement bond. See Iowa Code § 573.2 (1995). The defendants are the City of Marion and subcontractors who filed claims after the city canceled its contract with a contractor who had agreed to construct a public improvement for the city. Employers Mutual sought a ruling that the subcontractors had not filed [658]*658their claims in a timely manner to preserve their rights against the bond. The district court sustained the subcontractors’ motion for summary judgment, concluding the subcontractors had filed their claims in a timely manner. We agree the subcontractors filed their claims in a timely manner but for different reasons. We affirm.

I. Facts.

On February 2, 1995, the city of Marion contracted with Midwest Excavating, Inc. for the construction of the 1995 Indian Creek Sanitary Sewer Project. Pursuant to this contract, Employers Mutual Casualty Co. issued an Iowa Code chapter 573 bond for the project. The bond was for 100% of the contract price.

On June 29 the city declared Midwest in default and canceled the contract. On the same day, the city demanded that Employers Mutual complete performance of the contract pursuant to the bond. The city and Employers Mutual agreed that Employers Mutual would be responsible for completing the project.

Several subcontractors thereafter filed claims seeking payment for materials and labor in connection with the project. As of September 5, 1996, the city had not finally accepted the improvement and continued to withhold the statutory percentage from the defaulting contractor. See Iowa Code § 573.12(1) (requiring public corporation to withhold five percent of monthly payment to contractor).

II. Proceedings.

On December 13, 1995, Employers Mutual brought this declaratory judgment action seeking a ruling that it was not hable on the bond for the payment of any of the subcontractors’ claims. Employers Mutual alleged, among other things, that the subcontractors did not file their claims in a timely manner as Iowa Code section 573.23 required them to do and that the Iowa Code section 573.16 statute of limitations barred their claims.

Section 573.23 provides that where the contractor abandons work on a public improvement or is legally excluded from the work, the improvement is deemed completed for the purpose of filing claims from the contract cancellation date. Section 573.16 requires subcontractors to bring suit on their filed claims not later than sixty days after completion and final acceptance of the improvement.

Several of the subcontractors moved for summary judgment. They argued that section 573.23 did not trigger the statute of limitations for filing claims in section 573.16. Rather, they argued, Iowa Code section 573.10(1) triggered the time limitation in section 573.16. Section 573.10(1) requires claims to be filed at any time before the expiration of thirty days immediately following the completion and final acceptance of the improvement. The subcontractors argued that because the city had not accepted the improvement before they filed their claims, their claims were timely.

The subcontractors also argued that even if the court accepted Employers Mutual’s position, the claims were still valid under Iowa Code section 573.10(2). This section provides that claims may be filed at any time after the expiration of thirty days following final completion and final acceptance of the improvement and no action is pending to adjudicate rights in and to the unpaid portion of the contract price. The subcontractors argued that when they filed their claims the city had not yet released a percentage of the full contract price for the project and no actions were pending to adjudicate rights to the unreleased percentage.

District Judge Thomas L. Koehler sustained the motion for summary judgment. The court reasoned that had the city canceled the project entirely, the subcontractors “would have immediate notice to file a claim and there would have been a ‘final acceptance’ of the project.” However, because Employers Mutual had undertaken to complete the project, the court reasoned further that there was no abandonment of the improvement.

In these circumstances, the court concluded, the section 573.16 statute of limitations could not commence until after completion and final acceptance of the project. Because the city had not formally accepted the pro-[659]*659jeet, the court concluded the subcontractors had filed their claims in a timely manner.

Employers Mutual appealed from this ruling. Later, several other subcontractors filed motions for summary judgment. District Judge Lynne E. Brady sustained these motions on the same grounds Judge Koehler had sustained the first round of motions. Employers Mutual also appealed from this ruling. We later consolidated the appeals.

On appeal, Employers Mutual contends the district court erred when it concluded the claims were filed in a timely manner and in support of its contention stands on the allegations in its petition.

III. Scope of Review.

Our review of summary judgment rulings is for correction of errors at law. Benavides v. J.C. Penney Life Ins. Co., 539 N.W.2d 352, 354 (Iowa 1995); Iowa R.App. P. 4. Summary judgment is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Iowa R. Civ. P. 237(c).

IV. Timeliness in Filing Claims and Bringing Suit.

Whether the subcontractors filed their claims and brought them in a timely manner depends on the interpretation and interplay of three statutory provisions. Iowa Code section 573.10(1) provides the time limitations for subcontractors to file claims involving public improvements. This provision provides:

Claims may be filed with [officers authorized by law to let contracts for public improvements] as follows:
1. At any time before the expiration of thirty days immediately following the completion and final acceptance óf the improvement.

Iowa Code § 573.10(1) (emphasis added).

Iowa Code section 573.16 is the statute of limitations for filing suit on the claims and it provides in relevant part:

The public corporation, the principal contractor, any claimant for labor or material who has filed a claim, or surety on any bond given for the performance of the contract, may, at any time after the expiration of thirty days, and not later than sixty days, following the completion and final acceptance of said improvement, bring action in equity in the county where the improvement is located to adjudicate all rights to said fund, or to enforce liability on said bond.

(Emphasis added.)

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Bluebook (online)
577 N.W.2d 657, 1998 Iowa Sup. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/employers-mutual-casualty-co-v-city-of-marion-iowa-1998.