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CONWAY CONST. CO. v. CITY OF PUYALLUP

No. 98753-0.

490 P.3d 221 (2021)

CONWAY CONSTRUCTION COMPANY, Petitioner/Cross-Respondent, v. CITY OF PUYALLUP, Respondent /Cross-Petitioner.

Supreme Court of Washington.

Filed: July 8, 2021.

Attorney(s) appearing for the Case

Joseph John Straus , Ryan William Dumm , Schwabe, Williamson & Wyatt, 1420 5th Ave. Ste. 3400, Seattle, WA, 98101-2339, Colin Jeffrey Folawn , Schwabe, Williamson & Wyatt, 1211 Sw. 5th Ave. Ste. 1900, Portland, OR, 97204-3719, for Petitioner.

William Allen Linton , Christopher William Pirnke , Inslee Best Doezie & Ryder PS, 10900 Ne 4th St. Ste. 1500, Bellevue, WA, 98004-8345, Joseph N. Beck , City of Puyallup, 333 S. Meridian, Puyallup, WA, 98371-5904, for Respondent.

John P. Ahlers , Lindsay Taft Watkins , Ahlers Cressman & Sleight PLLC, 1325 4th Avenue, Suite 1850, Seattle, WA, 98101, Jaime Faye Becker, Osborne Construction, 9840 Willows Rd. Ne. Ste. 100, Redmond, WA, 98052-1010, for Amicus Curiae on behalf of Associated General Contractors of Washington.

James Craig Rusk , Ryan Matthew Gilchrist , Oles Morrison Rinker & Baker LLP, 701 Pike St. Ste. 1700, Seattle, WA, 98101-3930, for Other Parties.

¶1 The city of Puyallup (City) hired Conway Construction Company to build a road. The contract between the two allowed the City to terminate the contract early either for its convenience or on Conway's default, but a termination for convenience would result in more costs for the City. The City did terminate the contract...

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