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MEADOW VALLEY CONTRACTORS v. STATE

No. 20090025.

266 P.3d 671 (2011)

2011 UT 35

MEADOW VALLEY CONTRACTORS, INC., Plaintiff, Appellee and Cross-Appellant, v. STATE of Utah DEPARTMENT OF TRANSPORTATION, Defendant, Appellant and Cross-Appellee.

Supreme Court of Utah.

Rehearing Denied September 19, 2011.

Attorney(s) appearing for the Case

Kent B. Scott , Justin E. Scott , Cody W. Wilson , Salt Lake City, for plaintiff.

Mark L. Shurtleff , Att'y Gen., Randy S. Hunter , Asst. Att'y Gen., Dan R. Larsen , Troy L. Booher , Salt Lake City, for defendant.

Justice NEHRING, opinion of the Court:

INTRODUCTION

¶ 1 This appeal comes to us following a bench trial in a breach of contract action. The trial court concluded that the Utah Department of Transportation (UDOT) breached its contract with Meadow Valley Contractors (MVC) when UDOT's project engineer told MVC and its subcontractor, Southwest Asphalt Paving (Southwest), that they could not use "ribbon paving" on portions of an Interstate 215 freeway construction...

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