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NEW PUEBLO CONSTRUCTORS, INC v. STATE

No. 17581-PR.

144 Ariz. 95 (1985)

696 P.2d 185

NEW PUEBLO CONSTRUCTORS, INC., Plaintiff/Appellee, v. STATE of Arizona, Defendant/Appellant.

Supreme Court of Arizona, En Banc.

February 27, 1985.

Attorney(s) appearing for the Case

Lewis & Roca by John P. Frank, Joseph E. McGarry and Sarah H. Jenkins, Phoenix, for petitioner/appellee.

Robert K. Corbin, Atty. Gen. by James L. Hohnbaum, Joe Acosta, Jr. and Albert Morgan, Asst. Attys. Gen., Phoenix, for respondent/appellant.

Shimmel, Hill, Bishop & Gruender by Daniel F. Gruender and Kenneth C. Sundlof, Jr., Phoenix, for amicus curiae Associated General Contractors.

Fennemore, Craig, von Ammon, Udall & Powers by Calvin H. Udall and Rolf R. von Oppenfeld, Phoenix, for amici curiae W.R. Skousen Contractor, Inc.; C.S. McCrossan, Inc.; D.C. Speer Const. Co., Inc.; Clinton Campbell Contractor, Inc.

HAYS, Justice.

Plaintiff-petitioner, New Pueblo Constructors (NPC), entered into two contracts with defendant-respondent, the Arizona Department of Transportation (ADOT), to construct two adjoining segments of the interstate highway between Nogales and Tucson, known as the "Carmen" and "Tubac" projects. In the fall of 1977 and the spring of 1978, a catastrophic storm and unusually heavy rainfall caused extensive damage to both project areas and to work previously...

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