573A.1 National emergency. In the event work or construction upon a public improvement is stopped directly or indirectly by or as the result of an order or action of any federal or state authority or of any court because of the occurrence or existence of a situation which the president or the Congress of the […]
573A.10 Definitions. For the purposes of this chapter: 1. “Public corporation” shall embrace the state, and all counties, cities, public school corporations, drainage districts, and all officers, boards or commissions empowered by law to enter into contracts for the construction of public improvements. 2. “Public improvement” is one, the cost of which is payable from […]
573A.2 Termination of contracts. Whenever a public corporation and a contractor or contractors, have entered into a contract for the construction of a public improvement, and any party to such contract desires to terminate said contract because of the occurrence of the event and under the circumstances stated in section 573A.1, and another party thereto […]
573A.3 Determination of dispute. Any party to the contract may have the issue in dispute determined by filing in the district court of the county in which the public improvement or any part thereof is located a verified petition which shall allege in detail the ultimate facts upon which the petitioner relies for the termination […]
573A.4 Rules applicable. The rules of civil procedure shall be applicable to such action. The cause shall be tried forthwith in equity, and the court shall give such cases preference over other cases, except criminal cases. [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.4]
573A.5 Jurisdiction. The district court shall have jurisdiction of the issue which is thus presented, and of all parties including any public corporation as defined in this chapter. The court shall make findings and render its judgment determining the issues involved in accordance with the purpose and spirit of this chapter. [C54, 58, 62, 66, […]
573A.6 Appeal. Any party aggrieved by the findings and judgment of the district court may appeal to the supreme court as in other cases and the case shall be given preference over other cases in the supreme court. [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.6]
573A.7 Order of court. 1. If the court determines that said contract should be terminated, or if the parties have agreed to its termination, the court shall include in its order: a. The terms and conditions imposed upon each party to the contract, including the extent of the liability of the sureties upon any bond; […]
573A.8 Limit of payment. In no event shall the public corporation pay or be required to pay compensation or moneys in excess of the total compensation stated in the contract for the construction of the public improvement. [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.8]
573A.9 Application of statute. The provisions of this chapter shall not apply unless it is specifically contracted for between the contracting parties. [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573A.9]
