BECO Construction Co. v. J-U-B Engineers Inc.

HORTON, Justice.

This case arises out of a district court’s decision, upon remand from this Court, awarding attorney fees to J-U-B Engineers, Inc. (J-U-B) and ordering that the Bannock County Auditor remit $41,140 to J-U-B from the $102,541.86 cash bond previously deposited with the auditor by BECO Construction Company, Inc. (BECO). We vacate those orders and remand for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2005, BECO filed suit against J-U-B for breach of contract, negligence, and tortious interference with BECO’s construction contract with the City of Pocatello. J-U-B…