John Wagner Associates v. Hercules, Inc.

OPINION

Before BENCH, DAVIDSON and ORME, JJ. BENCH, Judge:

Plaintiff, John Wagner Associates, d/b/a Grabber Utah (Wagner), appeals the dismissal of its complaint against defendant Hercules, Inc. (Hercules). Wagner sought to recover compensation for construction materials supplied by Wagner for two modular buildings constructed on behalf of Hercules. We reverse and remand.

Hercules has an award/contract to build missiles for the United States Navy at its Bacchus Works plant. The plant is located on land owned by the federal government and controlled by the Navy. In order to obtain additional…