Seubert Excavators, Inc. v. Eucon Corp.

WALTERS, Chief Judge.

This is an appeal from a judgment entered in favor of a subcontractor and against the general contractor on a road construction project. For the reasons explained below, we affirm the judgment in part, reverse in part, and remand the proceeding for entry of a modified judgment.

I. Facts and Procedural Background.

In January 1983, the Washington State Department of Transportation (“the state”) awarded Seubert Excavators, Inc. (“Seubert”) the prime contract for the reconstruction of approximately seven miles of roadway in south-central Washington. The contract called for…