Encon Utah, LLC v. Fluor Ames Kraemer, LLC

DURRANT, Associate Chief Justice:

INTRODUCTION

T1 Utah Department of Transportation ("UDOT") contracted with Fluor Ames Kraemer, LLC, ("FAK") to construct the Legacy Parkway ("the project"). FAK then subcontracted with Eneon Utah, LLC, ("En-con") to manufacture and install bridge girders for the project. UDOT partially terminated the project, and, as a result, FAK terminated Enceon's subcontract. Eneon filed suit against FAK and FAK's sureties, Fireman's Fund Insurance Company and St. Paul Fire and Marine Insurance Company, (collectively, "FAK parties") to recover the amounts it claimed it was…