SEUBERT EXCAVATORS, INC. v. EUCON CORP.

No. 20615.

871 P.2d 826 (1994)

125 Idaho 409

SEUBERT EXCAVATORS, INC., an Idaho corporation, Plaintiff-Appellant, v. EUCON CORPORATION, an Idaho corporation, D/B/A Steelman-Duff and United States Fidelity & Guaranty Company, Defendants-Respondents. EUCON CORPORATION, an Idaho corporation, Third-Party Plaintiff, v. EMPLOYERS INSURANCE OF WAUSAU, Third-Party Defendant-Appellant.

Supreme Court of Idaho, North Idaho, October 1993 Term.

March 18, 1994.


Attorney(s) appearing for the Case

Clark & Feeney, Lewiston, for appellants. P. Tom Clark argued.

Clements, Brown & McNichols, Lewiston, for respondents. Michael E. McNichols argued.


BISTLINE, Justice.

BACKGROUND AND PRIOR PROCEEDINGS

In January 1983, the Washington State Department of Transportation ("WSDOT") awarded a prime contract to Seubert Excavators, Inc. ("Seubert") for reconstruction of 7.2 miles of highway in south-central Washington. The contract called for (a) grading, including excavation and installation of culverts, (b) crushing rock and placing it on the road, and (c) paving the road. The prime contract, which incorporated...

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