Build, Inc. v. Utah Dep't of Transp.

Associate Chief Justice Lee, opinion of the Court:

¶1 Build, Inc. was hired by the Utah Department of Transportation (UDOT) to work on three different construction projects. Build encountered problems on all three projects, and it filed various claims against UDOT and three other contractors on the project. UDOT moved for summary judgment on two sets of claims-claims for breach of contract on the "Arcadia" project and claims seeking consequential damages. The original judge assigned to the case, Judge Kennedy, denied both motions.

¶2 After his retirement Judge Kennedy was replaced by Judge…