Luten Bridge Co. Vs. Rockingham County
One of the firms was based in Knoxville, Tennessee and was party to a famously cited case in the history of American contract law. The firm built Luten arch and other types of bridges. The Tennessee Luten Bridge Company was a party in the landmark 1929 court case, Luten Bridge Co. vs. Rockingham County. Rockingham County, North Carolina commissioned a bridge over the Dan River on January 1924 but canceled it in late February. Luten carried on regardless, and later sued the county for the full cost of construction. On appeal, the court ruled in favor of the county, stating that it was the contractor's responsibility to limit costs after a contract has been canceled. The opinion of the United States Court of Appeals for the Fourth Circuit written by judge John J. Parker defined the Duty to Mitigate, essentially establishing that a contractor has a duty to limit costs after its contract has been terminated. The case has been cited in American law school casebooks and law journals.
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