Board of Water & Sewer Commissioners of Mobile v. Bill Harbert Construction Co.

The Board of Water & Sewer Commissioners of the City of Mobile (“the Board”) appeals from a summary judgment in favor of Bill Harbert Construction Company (“Harbert”) and Harbert’s surety, Federal Insurance Company (“Federal”). The summary judgment, which the trial court certified as final under Rule 54(b), Ala. R. Civ. P., adjudicated claims made by the Board arising out of Harbert’s performance of two construction projects for the Board, as hereinafter discussed.1

I. Factual Background and Procedural History

In 1992, the Board retained BCM Converse, Inc. (“BCM”),2 to perform engineering and…