ENCON UTAH, LLC. V. FLUOR AMES KRAEMER, LLC. 210 P.3d 263 (2009) CASE BRIEF

ENCON UTAH, LLC. V. FLUOR AMES KRAEMER, LLC.
210 P.3d 263 (2009)
NATURE OF THE CASE: This was a dispute over Encon (P) being awarded termination damages, prejudgment interest, and attorney fees. The parties challenged each of the components of the judgment.
FACTS: UDOT entered into a contract with FAK (D). As the general contractor, D provided a payment bond for the project. D entered into a subcontract with P, under which P would manufacture, furnish, and install concrete bridge girders. The total amount P was to be paid under the subcontract was $6,842,342. UDOT partially terminated the prime contract with D due to an injunction obtained by an environmental organization enjoining the project's construction. D sent P a notice of partial termination of the subcontract. P filed a complaint against D for breach of contract and a claim under Utah's payment bond statute. The parties filed motions for partial summary judgment regarding the interpretation of the subcontract provision that capped the amount of compensation P was entitled to recover for early termination of the project. The court granted P's motion for partial summary judgment and denied D's motion. After a four-day bench trial, the court entered judgment in favor of P and jointly against D, awarding P termination damages, prejudgment interest, and attorney fees. The total amount awarded to P was $1,699,563.50. D challenges each of these components on appeal. This brief only addressed the prejudgment interest award.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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