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ENCON UTAH, LLC v. FLUOR AMES KRAEMER, LLC

No. 20070557.

210 P.3d 263 (2009)

2009 UT 7

ENCON UTAH, LLC, Plaintiff and Appellee, v. FLUOR AMES KRAEMER, LLC, Fireman's Fund Insurance Company, and St. Paul Fire and Marine Insurance Company, Defendants and Appellants.

Supreme Court of Utah.

Rehearing Denied June 24, 2009.

Attorney(s) appearing for the Case

Robert F. Babcock, Justin E. Scott, Salt Lake City, Bret Gunnell, Ronald M. Eddy, Denver, CO, for plaintiff.

Bryan H. Booth, Ryan M. Nord, Salt Lake City, for defendants.

DURRANT, Associate Chief Justice:

INTRODUCTION

¶ 1 Utah Department of Transportation ("UDOT") contracted with Fluor Ames Kraemer, LLC, ("FAK") to construct the Legacy Parkway ("the project"). FAK then subcontracted with Encon Utah, LLC, ("Encon") to manufacture and install bridge girders for the project. UDOT partially terminated the project, and, as a result, FAK terminated Encon's subcontract. Encon filed...

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