Neal & Co., Inc. v. City of Dillingham

OPINION

RABINOWITZ, Justice.

I. INTRODUCTION

This appeal centers on the application of the notice requirement of the Differing Site Conditions clause found in a contract between appellant Neal & Company, Inc. (NCI) and appellee City of Dillingham (City). Ap-pellee CH2M Hill (Hill), the City’s engineer on the project, is involved in this appeal primarily because it acted as the City’s representative on the project.

NCI claims that it encountered difficulties in excavation during the project because of unexpected soil conditions, that it gave notice of these unexpected conditions to Hill (and thus…