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WEBER CONST., INC. v. COUNTY OF SPOKANE

No. 21628-4-III.

98 P.3d 60 (2004)

WEBER CONSTRUCTION, INC., a Washington Corporation, Appellant, v. COUNTY OF SPOKANE, a municipal corporation of the State of Washington, Respondent.

Court of Appeals of Washington, Division 3, Panel Two.

Publication Ordered September 21, 2004.

Attorney(s) appearing for the Case

Daniel Stanert McMonagle, Seattle, WA, for Appellant.

Patrick M. Risken, Attorney at Law, Timothy Michael Durkin, Mark Anthony Wheeler, Attorney at Law, Spokane, WA, for Respondent.

KATO, C.J.

Spokane County hired Weber Construction, Inc., to build a road. The project was neither finished on time nor within budget because Weber encountered large boulders it was unable to use to create fill. Weber sued the County for additional compensation. The trial court entered judgment as a matter of law under CR 50 for the County. In March 2003, this court reversed the judgment and determined that whether the County's actual notice of Weber's problems with...

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