State v. Lundgren Pacific Const. Co., Inc.

OPINION

BOOCHEVER, Justice.

At stake in this appeal is whether a corporation which contracted with the State *890Department of Highways and received an adverse decision from the contracting officer after following contractual dispute provisions is entitled to bring a new suit against the state; and if not, whether the appeal from the contracting officer’s decision should consist of a review on the record or a trial de novo. We hold that the proper procedure is an appeal under Appellate Rule 45 rather than a new suit. We further hold that the contractor is entitled to a de novo hearing if a hearing…