City of Willmar v. Short-Elliott-Hendrickson, Inc.

TOMLJANOVICH, Justice.

In the mid-1970’s, the City of Willmar employed Short-Elliot-Hendrickson, Inc. (SEH) to recommend and design improvements to the City’s waste water treatment facility. SEH recommended the City replace its trickling filter system with a series of rotating biological contactors (RBC’s) — large cylinders that rotate bacteria into and out of waste water. The City accepted SEH’s recommendation and construction began in 1981. Clow Corpora tion was selected by the general contractor 1 and approved by SEH to manufacture the RBC’s.

Construction on the improvements was…