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GILLINGHAM CONST., INC. v. NEWBY-WIGGINS CONST., INC.

No. 26577.

42 P.3d 680 (2002)

136 Idaho 887

GILLINGHAM CONSTRUCTION, INC., an Idaho corporation, Plaintiff-Counter-defendant-Appellant, v. NEWBY-WIGGINS CONSTRUCTION, INC., an Idaho corporation, Defendant-Counterclaimant-Respondent. Newby-Wiggins Construction, Inc., an Idaho corporation, Third-Party Plaintiff, v. State of Idaho, Third-Party Defendant. State of Idaho, Third-Party Plaintiff, v. Lombard-Conrad Architects, P.A., an Idaho professional corporation, Third-Party Defendant.

Supreme Court of Idaho, Boise, December, 2001 Term.

February 22, 2002.

Attorney(s) appearing for the Case

Barker, Rosholt & Simpson LLP, Boise, for appellant. Albert P. Barker argued.

Perkins Coie, LLP, Boise, for respondent. Richard C. Boardman argued.

EISMANN, Justice.

This is an appeal from a directed verdict dismissing the plaintiff's claim for breach of a construction contract. We affirm in part, reverse in part, and remand for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

Viewing the evidence favorably to the appellant Gillingham Construction, Inc., (Gillingham), as we must on an appeal from a directed verdict, the facts are as follows. The State of Idaho awarded the respondent Newby...

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