Encon Utah, Llc. v. Fluor Ames Kraemer, Llc.
210 P.3d 263 (2009)
Nature Of The Case
This section contains the nature of the case and procedural background.
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.
Issues
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Holding & Decision
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Legal Analysis
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