RELIANCE INS. v. UTAH DEPT. OF TRANSP.

No. 910413.

858 P.2d 1363 (1993)

RELIANCE INSURANCE COMPANY, Plaintiff and Appellant, v. UTAH DEPARTMENT OF TRANSPORTATION, Defendant and Appellee.

Supreme Court of Utah.

August 16, 1993.


Attorney(s) appearing for the Case

Clark B. Fetzer, Patrick S. Hendrickson, Salt Lake City, for plaintiff.

R. Paul Van Dam, Atty. Gen., Leland D. Ford, Asst. Atty. Gen., Salt Lake City, for defendant.


HOWE, Associate Chief Justice:

Reliance Insurance Company appeals from a judgment enforcing a liquidated damages provision in a construction contract against a contractor. We examine the validity of the liquidated damages provision and determine whether the doctrine of substantial completion applies to these facts.

FACTS

In the spring of 1985, the Great Salt Lake was rising to near-record levels and threatening a portion of Interstate Highway 80...

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