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ARCHER WESTERN CONTRACT. v. BENISE-DOWLING & ASSOCIATES

1080252.

33 So.3d 1216 (2009)

ARCHER WESTERN CONTRACTORS, LTD. v. BENISE-DOWLING & ASSOCIATES, INC.

Supreme Court of Alabama.

September 30, 2009.

Attorney(s) appearing for the Case

C. William Daniels, Jr., Clifton C. Mosteller, and Nancy Fouad of Burr & Forman, LLP, Mobile, for appellant.

Robert B. Huie, Birmingham, and Jim H. Fernandez of Fernandez & Combs, LLC, Mobile, for appellee.

J. Lister Hubbard, Richard H. Allen, and Arden Reed Pathak of Capell & Howard, P.C., Montgomery, for amicus curiae Alabama Associated General Contractors, Inc., in support of the appellant.

Troy King, atty. gen., and Corey L. Maze and William G. Parker, Jr., asst. attys. gen., for amicus curiae State of Alabama, in support of the appellant.

COBB, Chief Justice.

Archer Western Contractors, Ltd. ("Archer Western"), appeals from the trial court's amended judgment, based on the trial court's granting of the motion of Benise-Dowling & Associates, Inc. ("Benise-Dowling"), to amend the original judgment. We reverse and remand.

Facts and Procedural History

Archer Western was the general contractor on a project to construct a building ("the RSA tower") in Mobile in 2005.

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