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MORRISON KNUDSEN CORP. v. FIREMAN'S FUND INS. CO.

Nos. 97-1095, 97-1247.

175 F.3d 1221 (1999)

MORRISON KNUDSEN CORPORATION, dba MK-Ferguson Company, an Ohio corporation, Plaintiff-Counter-Defendant-Appellant/Cross-Appellee, v. FIREMAN'S FUND INSURANCE COMPANY, a California corporation, Defendant-Appellee, and Ground Improvement Techniques, Inc., a Florida corporation, Defendant-Counter-Claimant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

May 11, 1999.

Attorney(s) appearing for the Case

Daniel R. Frost, of Fairfield and Woods, P.C., Denver, Colorado, (Neil T. Duggan and Brian D. Wallace, of Fairfield and Woods, P.C., with him on the brief) for Appellant/Cross-Appellee.

Frederick Huff, Law Offices of Frederick Huff, Denver, Colorado, for Appellee, Fireman's Fund Insurance Company.

Steven Roger Schooley, of Holland & Knight, LLP, Orlando, Florida, for Appellee-Cross-Appellant, Ground Improvement Techniques, Inc.

Before SEYMOUR, Chief Judge, LUCERO, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Morrison-Knudsen Corporation (MK), a federal contractor, terminated its subcontractor, Ground Improvement Techniques (GIT), for an alleged default, and sued GIT for damages.1 GIT counterclaimed for wrongful termination. GIT's claimed damages included payment for completed work under the subcontract, equitable adjustments to the subcontract price for increased costs caused by MK, damages claimed by lower-tier subcontractors...

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