Preti, Flaherty, Beliveau, & Pachios LLP, of Concord ( Kenneth E. Rubinstein and Nathan R. Fennessy on the brief, and Mr. Rubinstein orally), for defendant Chicago Bridge & Iron n/k/a CB & I, Inc.
McLane Middleton, Professional Association, of Manchester ( Jennifer L. Parent and Nicholas F. Casolaro on the brief, and Ms. Parent orally), for defendant Whitman & Howard n/k/a AECOM Technical Services, Inc.
Morrison Mahoney, LLP, of Manchester ( Ralph N. Suozzo ), for defendant Marcel A. Payeur, Inc., filed no brief.
Sheehan, Phinney, Bass & Green, P.A., of Manchester ( Peter S. Cowan ), for defendant Wright-Pierce, filed no brief.
Gagliuso & Gagliuso Professional Association, of Merrimack ( Richard C. Gagliuso on the brief), for Associated Builders and Contractors, New Hampshire/Vermont Chapter, as amicus curiae.
LYNN, J.
This is an interlocutory appeal by the plaintiff, the City of Rochester (City), from an order of the Superior Court (Houran, J.) dismissing the City's claims against two of the four defendants it sued for damages. On appeal, the City asserts that the trial court erred in refusing to apply the doctrine of
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