FOUGHT & CO., INC. v. STEEL ENGINEERING

No. 19103.

951 P.2d 487 (1998)

87 Hawai`i 37

FOUGHT & COMPANY, INC., Plaintiff-Appellee, v. STEEL ENGINEERING AND ERECTION, INC., an Alaska corporation; Continental Casualty Corporation, an Illinois corporation, Defendants/Cross-Claimants/Cross-Claim Defendants-Appellants/Cross-Claim Defendants-Appellees, and Kiewit Pacific Co., a Delaware corporation, Defendant/Cross-Claimant/Cross-Claim Defendant-Appellant/Cross-Claim Defendant-Appellee, and State of Hawai`i, Defendant/Cross-Claim Defendant/Cross-Claim Defendant-Appellant/Cross-Claim Defendant-Appellee, and Gary Choy, in his capacity as Contracting Officer for the State of Hawai`i Department of Transportation; John Does 1-20; Doe Partnerships 1-20; and Doe Governmental Entities 1-20, Defendants.

Supreme Court of Hawai`i.

February 11, 1998.


Attorney(s) appearing for the Case

Erik D. Eike, of Damon Key Bocken Leong Kupchak, on the request, Honolulu, for Fought & Company, Inc.

James H. Lawhn and Keith Y. Yamada, of Oliver, Lau, Ogawa & Nakamura, on the request and in opposition to Fought, Honolulu, for Steel Engineering and Erection, Inc. and Continental Casualty Corporation.

John S. Sasaki, of Watanabe, Ing & Kawashima, on the request and in opposition to Steel, Honolulu, for Kiewit Pacific Co.

Charleen M. Aina and David H. Karlen, Deputy Attorneys General, in opposition, for the Department of Transportation, State of Hawai`i.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.


LEVINSON, Justice.

The plaintiff-appellee Fought & Company (Fought) and the defendants/cross-claimants/cross-claim defendants-appellants/cross-claim defendants-appellees Steel Engineering and Erection, Inc., Continental Casualty Corporation (Continental), which is Steel's surety, (collectively Steel) and Kiewit Pacific Company (Kiewit) prevailed in Supreme Court No. 19103,1 which affirmed (1) the circuit court's order granting (a)...

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