Legal Opinion
Donald B. Murphy Contractors, Inc. v. State
Court of Appeals of Washington
Decided March 14, 1985No. 6440-5-IIPublishedCited by 12 opinions
1Opinion of the CourtPetrich, J.
Plaintiff Donald B. Murphy Contractors, Inc. (DBM), after a trial to the court, appeals from the judgment which held the State of Washington free from liability for "impact costs" for repairs and reconstruction on two highway construction projects damaged by flood- waters, as well as impact costs for various change orders and stop work orders on the projects.
The issues on appeal are:
1. Whether the State's plans and specifications of certain culverts which were unable to handle the excess flow of water were in breach of the State's implied warranty of design.
2. Whether the "changed conditions"…
2Cases cited20 opinions
- United States v. SpearinSupreme Court of the United States · 1918
- Prier v. Refrigeration Engineering Co.Washington Supreme Court · 1968
- Lamon v. McDonnell Douglas Corp.Washington Supreme Court · 1979
- Thomas v. FrenchWashington Supreme Court · 1983
- Hol-Gar Manufacturing Corporation v. The United StatesUnited States Court of Claims · 1966
15 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Codd v. Stevens Pass, Inc.Court of Appeals of Washington · 1986
- Passovoy v. Nordstrom, Inc.Court of Appeals of Washington · 1988
- Davis v. CoxCourt of Appeals of Washington · 2014
- Basin Paving Co. v. Mike M. Johnson, Inc.Court of Appeals of Washington · 2001
- Grant County Port District No. 9 v. Washington Tire Corp.Court of Appeals of Washington · 2015
7 more not listed; retrieve them via the Exa API.