Star Equipment, Ltd. v. State of Iowa, Iowa Department of Transportation

843 N.W.2d 446, 2014 WL 346521, 2014 Iowa Sup. LEXIS 10
CourtSupreme Court of Iowa
DecidedJanuary 31, 2014
Docket12–1378
StatusPublished
Cited by48 cases

This text of 843 N.W.2d 446 (Star Equipment, Ltd. v. State of Iowa, Iowa Department of Transportation) 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
Star Equipment, Ltd. v. State of Iowa, Iowa Department of Transportation, 843 N.W.2d 446, 2014 WL 346521, 2014 Iowa Sup. LEXIS 10 (iowa 2014).

Opinions

WATERMAN, Justice.

This appeal presents questions of first impression on the meaning and constitutionality of Iowa Code section 573.2 (2011). That statute governs subcontractors’ remedies for unpaid work on public improvements when the state waives the performance bond for a general contractor that is a “Targeted Small Business” (TSB). Three subcontractors obtained default judgments against a TSB, which remain unsatisfied. The district court ruled that, in the absence of a bond, the subcontractors’ remedy against the state is limited to the funds the Iowa Department of Transportation (IDOT) retained on its contract with the TSB. The subcontractors argue section 573.2 allows broader recovery rights, requiring IDOT to step into the TSB’s shoes to pay the balances owed them for work on the public project. IDOT argues the district court’s ruling correctly interpreted the statute to limit its obligation to the retained funds. IDOT [450]*450alternatively argues that the subcontractors’ interpretation would violate a constitutional prohibition on extending state credit to private entities. See Iowa Const, art. VII, § 1.

For the reasons explained below, we construe section 573.2 as a waiver of sovereign immunity that allows subcontractors to recover from IDOT the unpaid balances TSBs owe for work on public improvements. Our interpretation effectuates the legislature’s intent to encourage the use of TSBs on state projects and expand the remedies available to subcontractors upon a TSB’s default. We reject IDOT’s constitutional challenge because article VII, section 1 of the Iowa Constitution does not prohibit state reimbursement for subcontractors’ work on public improvements owned by the state. Accordingly, we reverse the district court’s ruling and remand this case for further proceedings on the subcontractors’ claims against IDOT for unpaid work and attorney fees.

I. Background Facts and Proceedings.

In 2010, IDOT hired Universal Concrete, Ltd. as the general contractor for two public construction contracts. The purpose of these projects was to improve the rest areas along Interstate 80 in Adair County. Universal Concrete was a TSB, which is defined as a small business that is located in Iowa; operated for profit; has an annual gross income below $4 million; and is at least fifty-one percent owned, operated, and actively managed by minorities, women, or persons with disabilities. Iowa Code § 15.102. Because Universal Concrete qualified as a TSB, IDOT waived the requirement of a construction surety bond to guarantee the company’s performance on the contract. See Iowa Code § 12.44 (setting forth when bond can be waived for TSB).

Universal Concrete subcontracted with Star Equipment, Manatt’s, and Short’s Concrete. Star Equipment supplied rental equipment, Manatt’s furnished ready-mix concrete, and Short’s Concrete provided cement cutting services. No direct contractual relationship existed between IDOT and the subcontractors. The contract between Universal Concrete and IDOT expressly stated there were no third-party beneficiaries. IDOT paid Universal Concrete under the terms of their contract, and it was Universal Concrete’s responsibility in turn to pay its subcontractors.

The rest stop improvements were completed in 2011, and IDOT gave its final acceptance of the projects on September 1 of that year. Universal Concrete, however, failed to pay in full the three subcontractors for the work they performed. There was no surety bond against which the subcontractors could seek compensation, but IDOT had retained $3436.75 that it owed Universal Concrete. Star Equipment, Manatt’s, and Short’s Concrete filed claims with IDOT seeking reimbursement for their outstanding balances, claiming $10,851.44, $15,685.55, and $5775, respectively.

On October 13, 2011, Star Equipment filed this civil action against Universal Concrete and IDOT, as well as against Manatt’s and Short’s Concrete to adjudicate their competing interests in the funds retained by IDOT. Manatt’s and Short’s Concrete filed answers, counterclaims, and cross-claims. The subcontractors each contended Iowa Code section 573.2 imposes liability on IDOT for the amount that their claims exceeded the retained funds. They also sought attorney fees and interest. Universal Concrete failed to respond and was found in default.

IDOT agreed that the subcontractors were entitled to payment from the re[451]*451tained funds, but filed a motion to dismiss or strike the subcontractors’ claims against it for amounts that exceeded the retainage. IDOT argued its obligation to reimburse the subcontractors without a bond was limited to the retainage. IDOT further argued that interpreting Iowa Code section 573.2 to require IDOT to pay the overage on such claims would compel the state to act as a surety for the TSB, in violation of article VII, section 1 of the Iowa Constitution.

On January 20, 2012, the district court granted IDOT’s motion to dismiss the subcontractors’ claims to the extent they exceeded the retained funds. The district court explained that

[u]nder the scheme established in chapter 573, a subcontractor or supplier generally has a claim against the principal and the surety on the performance bond and against the public corporation to the extent of the amount retained from the payments to the contractor.

(Footnote omitted.) The district court concluded:

This court finds nothing in section 573.2 that creates or expands the liability of the public corporations under the statutory scheme of chapter 573 and accordingly finds no basis on which these claimants can recover against the DOT for any amounts in excess of the retain-age.

Because the court concluded the statute did not require IDOT to pay claims in excess of the retainage, the court did not reach the constitutional issue. Manatt’s sought an interlocutory appeal of this order, which our court denied.

Subsequently, the district court ruled on the subcontractors’ respective motions for summary judgment against Universal Concrete. Universal Concrete did not participate in the proceedings. The district court entered unresisted summary judgments in favor of each subcontractor and noted Universal Concrete was in default. First, on July 3, the district court awarded all of the retained funds to Manatt’s because it had filed its IDOT claim first. This left a balance of $12,248.80. The district court entered judgment against Universal Concrete for this amount, with interest, costs, and later, attorney fees of $11,936. On July 20, the district court granted Short’s Concrete’s motion for summary judgment against Universal Concrete, awarding $5775 in damages and $5500 in attorney fees with interest. Finally, on September 24, the court granted Star Equipment’s motion for summary judgment against Universal Concrete, awarding $10,851.44 in damages and $2560 in attorney fees plus interest.

Manatt’s and Short’s Concrete filed a joint appeal and Star Equipment filed a separate appeal. We consolidated and retained the appeals. The subcontractors seek reversal of the district court’s ruling on IDOT’s motion to dismiss. The subcontractors argue the court erred in ruling IDOT is not liable for claims exceeding the retainage amount when IDOT has waived the bond requirement.

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Bluebook (online)
843 N.W.2d 446, 2014 WL 346521, 2014 Iowa Sup. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/star-equipment-ltd-v-state-of-iowa-iowa-department-of-transportation-iowa-2014.