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CITY OF IDAHO FALLS v. BECO CONST. CO., INC.

No. 18495.

850 P.2d 165 (1993)

123 Idaho 516

CITY OF IDAHO FALLS, a municipal corporation, Plaintiff-Appellant-Cross Respondent, v. BECO CONSTRUCTION COMPANY, INC., a corporation, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Idaho Falls, September 1992 Term.

Rehearing Denied May 4, 1993.

Attorney(s) appearing for the Case

Anderson, Pike & Bush, Idaho Falls, for plaintiff-appellant-cross respondent. Dale W. Storer argued.

Fuller, Carr & Parry, Idaho Falls, for defendant-respondent-cross appellant. Mark R. Fuller argued.

BISTLINE, Justice.

In May of 1985, the city of Idaho Falls (hereinafter the "City") awarded Beco Construction Co., Inc. (hereinafter "Beco") the contract for the Bel-Aire project which involved the replacement of water lines and associated trenching and street repairs in the Bel-Aire residential subdivision of Idaho Falls. Superior Excavating Company (Superior) performed much of the work for Beco.

During the construction process, numerous disputes arose between...

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