Search Tips

Gratech Company, Ltd., et al. v. ND Dept. of Transportation

Docket No. 20030203
Oral Argument: Monday, December 8, 2003 9:30am

Docket Info

Title
Gratech Company, Ltd., Claimant and Appellant
and
Flickertail Paving and Supply,
LLC, Claimant
v.
North Dakota Department of
Transportation, Respondent and Appellee
Case Type
CIVIL APPEAL : TRANSPORTATION DEPT.
Appeal From
Case No. 03-C-1088
South Central Judicial District, Burleigh County
Benny A. Graff
2004 ND 61676 N.W.2d 781
Oral Argument 12/8/2003

Highlight

All disputes arising out of any contract entered into by the Department of Transportation for the construction or repair of highways must be submitted to arbitration.
As a condition precedent to arbitration of a highway construction dispute, a contractor seeking additional compensation for work not covered in the contract must file a written notice of claim.

Briefs

Filing Date Description
09/04/2003 APPELLANT BRIEF View
10/02/2003 APPELLEE BRIEF View
10/15/2003 REPLY BRIEF of Appellant View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Ronald G Schmidt - 02689
APPELLEE SPEC. ASST. ATTY. GEN. Charles S. Miller - 03329

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 07/10/2003 NOTICE OF APPEAL : 07/09/2003
2 07/16/2003 Affidavit in Support of Rule 11.1 Motion from Ronald G. Schmidt
3 07/23/2003 MOT. EXT/TIME APPELLANT BRIEF
4 07/23/2003 ACTION BY CLERK - Granted : 09/17/2003
5 08/08/2003 RECORD ON APPEAL and certificate of record of ND DOT including transcripts of October 7-8, 2002,
6 08/08/2003 October 14, 2002 (5 different transcripts dated Oct. 14, 2002), and October 15, 2002
7 08/18/2003 DISK - TRA's (2 disks containing a total of 10 admin agency transcripts)
8 09/04/2003 APPELLANT BRIEF View
9 09/04/2003 APPELLANT APPENDIX
10 09/15/2003 Copies of corrected covers for AT Briefs and AT Appendices. Corrected TOA and and page 8 of ATB
11 09/15/2003 DISK - ATB
12 10/02/2003 APPELLEE BRIEF View
13 04/21/2004 with attached addendum
14 10/02/2003 APPELLEE APPENDIX
15 10/02/2003 DISK - aeb
16 10/09/2003 Supplemental Clerk's Certificate dated 10-7-03 (Entry Nos. 40-44, which includes Exhibits,as well
17 10/09/2003 as an iron "T" bar)
18 10/13/2003 MOTION FOR Enlargement of words in Reply Brief or for Extension of Time
19 10/13/2003 E-FILED MOTION
20 10/14/2003 ACTION BY CHIEF JUSTICE (extend word limit an additional 500 words) - Granted
21 10/15/2003 REPLY BRIEF of Appellant View
22 10/16/2003 Original hard copy of Motion for Enlargement of Words - Reply Brief
23 10/17/2003 DISK - RYB
24 11/03/2003 Letter from Ronald G. Schmidt dated 10-30-03 RE: he is now licensed in ND
25 12/08/2003 APPEARANCES: Ronald G. Schmidt; Charles S. Miller, Jr.
26 12/08/2003 ARGUED: Schmidt; Miller (Vol. Y; Page 179)
27 12/08/2003 ORAL ARGUMENT WEBCAST
28 03/23/2004 DISPOSITION
29 03/23/2004 UNANIMOUS OPINION : Maring, Mary Muehlen View
30 03/23/2004 Costs on appeal taxed in favor of appellee
31 03/25/2004 Judgment Mailed to Parties
32 04/21/2004 MANDATE
33 04/27/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
34 10/28/2010 EXPUNGED - Nonpermanent record items destroyed