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BIG RIVER CONST., INC. v. CITY OF TILLAMOOK

A152131.

386 P.3d 19 (2016)

281 Or.App. 787

BIG RIVER CONSTRUCTION, INC., an Oregon corporation, dba Big River Excavating, Plaintiff-Respondent Cross-Appellant, v. CITY OF TILLAMOOK, an Oregon public body, Defendant-Appellant Cross-Respondent. City of Tillamook, an Oregon public body, Third-Party Plaintiff-Appellant, v. Safeco Insurance Company of America, a surety, Third-Party Defendant-Respondent. City of Tillamook, an Oregon public body, Plaintiff, and Ferguson Enterprises, Inc., a corporation of Virginia, foreign corporation, Plaintiff, v. Big River Construction, Inc., an Oregon corporation, dba Big River Excavating; and Safeco Insurance Company of America, a surety, Defendants.

Court of Appeals of Oregon.

October 26, 2016.

Attorney(s) appearing for the Case

John J. Hickey, Lake Oswego, argued the cause for appellant-cross-respondent. With him on the briefs were John H. Baker and Jordan Ramis PC.

Sara Kobak, Portland, argued the cause for respondent-cross-appellant Big River Construction, Inc. With her on the joint answering brief were Darien S. Loiselle and Schwabe, Williamson & Wyatt, P.C.; and Jan D. Sokol and Stewart Sokol & Gray LLC for respondent Safeco Insurance Company of America. With her on the cross-opening and reply on cross-appeal briefs were Darien S. Loiselle and Schwabe, Williamson & Wyatt, P.C.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Judy C. Lucas, Assistant Attorney General, filed the brief amicus curiae for Oregon Department of Transportation.

Before Armstrong, Presiding Judge, and Sercombe, Judge, and Egan, Judge.

SERCOMBE, J.

Plaintiff, a general contractor, brought this action against defendant City of Tillamook alleging a breach of contract and related claims regarding the parties' contract to expand the city's wastewater treatment facility. Plaintiff sought compensation for the direct and indirect costs it incurred due to delays in the construction project. The city denied that it breached the contract and asserted counterclaims against plaintiff for...

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