J.R. Simplot Co. v. Chemetics International, Inc.
Idaho Supreme Court
1Opinion of the Court
MeDEVITT, Chief Justice.
BACKGROUND AND PRIOR PROCEEDINGS
On approximately July 20, 1984, J.R. Simplot Co. (Simplot) and Chemetics International, Inc. (Chemetics) entered into a construction contract pursuant to which Chemetics was to design and build a sulfuric acid production plant for Simplot in Pocatello, Idaho. The parties agree that the purpose of the plant was to produce 2,000 short tons per day (STPD) of sulfuric .acid. The plant was completed in December 1985 at an approximate cost of $21 million. A three day “performance test” was conducted during January 1986. According to Chemetics,…
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