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Try CasePortal for FreeJ. Johnson reverses the district court's denial of the Minnesota Department of Transportation's motion for judgment as a matter of law in a case surrounding a road-construction contract, but affirms its entry of judgment in favor of the contractor on a claim for statutory interest penalties. The contractor did not provide evidence sufficient to prove that the Department breached the implied covenant of good faith and fair dealing, specifically failing to demonstrate that the Department's refusal to approve all of the contractor's requested haul roads was motivated by an improper ulterior motive. Desire to reduce damage to county roads as requested by the county is not such an improper motive, and the Department's disapproval of the use of certain roads for hauling is among the risks the contractor expressly assumed. The Department did, however, agree to pay additional compensation to the contractor, and that compensation is therefore an "undisputed billing" incurring interest penalties for untimely payment. Reversed in part.