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CLEARWATER CONST. v. WICKES FOREST INDUSTRIES

No. 14169.

697 P.2d 1146 (1985)

108 Idaho 132

CLEARWATER CONSTRUCTION & ENGINEERING, INC., Plaintiff-Counterdefendant, Appellant-Cross-Respondent, v. WICKES FOREST INDUSTRIES, A DIVISION OF THE WICKES CORPORATION, Defendant-Counterclaimant, Cross-Appellant, and WICKES FOREST INDUSTRIES, A DIVISION OF THE WICKES CORPORATION, Third-Party Plaintiff, Counterdefendant-Respondent, Cross-Appellant, v. AMERICAN FIDELITY FIRE INSURANCE COMPANY, a New York Corporation, Third-Party Defendant, Counterclaimant-Cross-Respondent.

Supreme Court of Idaho.

January 23, 1985.

Attorney(s) appearing for the Case

Paul Thomas Clark, of Clark and Feeney, Lewiston, and Robert G. Taylor, and Mary E. O'Brien, of Taylor & Bryan, Seattle, Wash., for appellant and cross-respondent, Clearwater Const. & Engineering, Inc.

R.B. Kading, Jr., James R. Gillespie, and T.A. Banducci, and Mary S. Hobson, of Eberle, Berlin, Kading, Turnbow & Gillespie, Chartered, Boise, for respondent and cross-appellant, Wickes Forest Industries.

Michael E. McNichols, Lewiston, for cross-respondent, American Fidelity Fire Ins. Co.

DONALDSON, Chief Justice.

On August 20, 1975, Clearwater Construction & Engineering, Inc., (Clearwater) and Wickes Forest Industries (Wickes) entered into a road construction contract for the construction of two Forest Service roads. The roads were identified as road # 221.3 (Grangeville-Salmon Road) and road # 2202 (Van Buren Road). The entire undertaking is referred to by the parties as the "Van Buren Project." The contract ran until December 31, 1976. It provided...

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