JOHNSON v. GALLEGOS CONST. CO.

Nos. 870104, 870108 and 870361.

785 P.2d 1109 (1990)

Richard JOHNSON and Robert Johnson, dba Johnson Brothers, General Contractors, Plaintiffs, Appellants, and Cross-Appellees, v. GALLEGOS CONSTRUCTION COMPANY, Defendant and Appellee, and Aetna Casualty & Surety Company and Kiewit Western Company, Defendants, Appellees, and Cross-Appellants. L.P. BIORN INC. OF WYOMING, Plaintiff, Appellant, and Cross-Appellee, v. GALLEGOS CONSTRUCTION COMPANY, Defendant and Appellee, and Aetna Casualty & Surety Company and Kiewit Western Company, Defendants, Appellees, and Cross-Appellants. D.L. SMITH & SONS, INC., Plaintiff and Appellant, v. GALLEGOS CONSTRUCTION COMPANY, Aetna Casualty & Surety Company and Kiewit Western Company, Defendants and Appellees.

Supreme Court of Utah.

January 9, 1990.


Attorney(s) appearing for the Case

Gary H. Weight, Provo, for Johnson Bros.

Thomas R. King, Salt Lake City, for L.P. Biorn Inc. and D.L. Smith & Sons.

Robert F. Babcock, Mary Louise LeCheminant, Salt Lake, for Aetna Cas. & Sur. Co. and Kiewit Western Co.


HOWE, Associate Chief Justice:

These three consolidated cases raise the issue of whether rental charges for equipment used on a public construction project were within the scope of coverage of Utah Code Ann. § 63-56-38 at the time the charges were incurred in 1985.

The Utah Department of Transportation (UDOT) selected Kiewit Western Company to be the general contractor for a state highway construction project...

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