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JACKMAN CONST., INC. v. TOWN OF BAGGS

No. S-11-0252.

278 P.3d 247 (2012)

2012 WY 80

JACKMAN CONSTRUCTION, INC., a Wyoming corporation, Appellant (Plaintiff), v. TOWN OF BAGGS, Wyoming, Appellee (Defendant).

Supreme Court of Wyoming.

June 12, 2012.

Attorney(s) appearing for the Case

Representing Appellant: Clark Stith , Rock Springs, WY.

Representing Appellee: Thomas A. Thompson and Matthew E. Riehl of MacPherson, Kelly & Thompson, LLC, Rawlins, WY. Argument by Mr. Riehl.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

HILL, Justice.

[¶ 1] Jackman Construction, Inc. (Jackman), was awarded a contract to improve the Town of Baggs' (the Town) water treatment plant. After the project suffered significant delays, payments were submitted and accepted, and a dispute ensued as to whether or not the last payment constituted "final payment." Jackman filed a governmental claim as well as a complaint for breach of contract, both seeking damages from the Town. The Town filed its "Motion...

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