Gillingham Construction, Inc. v. Newby-Wiggins Construction, Inc.

SCHROEDER, Chief Justice.

Gillingham Construction, Inc. (Gillingham) appeals from an order granting Judgment Notwithstanding the Verdict or, in the Alternative, a New Trial entered by the district court setting aside a jury verdict following trial for breach of a construction contract against Newby-Wiggins Construction, Inc. (Newby-Wiggins).

I

FACTUAL AND PROCEDURAL BACKGROUND

On June 13, 1993, the State of Idaho (the State) awarded Newby-Wiggins the Prime Construction Contract (Prime Contract) for the regional headquarters building of the Idaho Department of Parks and Recreation on Warm Springs…