Bremmeyer v. Peter Kiewit Sons Co.

Appellant Bill Bremmeyer, doing business as Bremmeyer Logging Company, appeals a summary judgment dismissing his complaint. .We reverse and remand for trial.

The State of Washington awarded respondent Peter Kiewit Sons Company (Peter Kiewit) a prime contract to construct several miles of Interstate 90. The highway right-of-way was overgrown and needed to have the trees and debris cleared before construction could begin. For this purpose, Peter Kiewit subcontracted the necessary clearing operation to Bremmeyer.

Under the written subcontract, Bremmeyer agreed to pay Peter Kiewit $35,000 for the…