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GILBERT PACIFIC v. DEPT. OF TRANSP.

89C-10363; CA A65112.

822 P.2d 729 (1991)

110 Or.App. 171

GILBERT PACIFIC Corporation, Respondent, v. STATE OF OREGON, Acting by and through Its Transportation Commission, Department of Transportation, Highway Division, Appellant.

Court of Appeals of Oregon.

Decided December 11, 1991.

Reconsideration Denied March 4, 1992.

Attorney(s) appearing for the Case

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Harrison Latto, Asst. Atty. Gen., Salem.

John Spencer Stewart and Gregory B. Snook, Portland, argued the cause for respondent. With them on the brief were Michael R. Beyer and Stafford Frey Cooper & Stewart, and Andrew K. Chenoweth and Allen, Kilmer, Schrader, Yazbeck & Chenoweth, Portland.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

RICHARDSON, Presiding Judge.

Plaintiff, Gilbert Pacific Corporation, was the general contractor for defendant state on a highway grading and repaving project. It brought this action for, inter alia, breach of contract and breach of warranty, seeking to recover costs that it had incurred and for services that it had rendered as a result of serious problems with the highway subgrade. The problems necessitated extensive subexcavation and related work, delays and...

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