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WILLAMETTE CRUSHING CO. v. STATE

No. 1 CA-CV 95-0491.

188 Ariz. 79 (1997)

932 P.2d 1350

WILLAMETTE CRUSHING COMPANY, dba Wildish Southwest Construction Company, an Oregon corporation, Plaintiff-Appellant, v. The STATE of Arizona, By and Through the DEPARTMENT OF TRANSPORTATION; Daniel, Mann, Johnson & Mendenhall, a California corporation; and Jack E. Leisch and Associates, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

Reconsideration Denied March 12, 1997.

Attorney(s) appearing for the Case

Hershner, Hunter, Moulton, Andrews & Neill by William R. Turnbow, Eugene, OR, and Lewis and Roca, L.L.P. by David J. Cantelme and John P. Frank, Phoenix, for Plaintiff-Appellant.

Grant Woods, Attorney General by Joe Acosta, Jr. and Diane M. Miller, Assistant Attorneys General, Phoenix, for Defendant-Appellee.

Horne, Kaplan & Bistrow, P.C. by Thomas C. Horne and Martha B. Kaplan, Phoenix, for Defendant-Appellee Daniel, Mann, Johnson and Mendenhall.

Hanson, Bridgett, Marcus, Vlahos & Rudy by Howard W. Ashcraft, Jr., San Francisco, CA, and Jennings, Strouss & Salmon, P.L.C. by Michael Flood, Phoenix, for Defendant-Appellee Jack E. Leisch and Associates.

OPINION

NOYES, Acting Presiding Judge.

Appellant Wildish made the low bid on an Arizona highway construction project which was to be completed within 360 working days and was to be staged according to a specified Traffic Control Pattern ("TCP"). After being awarded the contract, Wildish decided that it could not meet the due date using the State's TCP. Wildish asked for more time and the State refused. Wildish asked to use its own TCP and the State agreed...

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