H-K Contractors, Inc. v. City of Firth

SHEPARD, Justice.

This is an appeal from a summary judgment wherein plaintiff-respondent, H-K Contractors, Inc., recovered $7,568.10 for labor and materials it furnished as a subcontractor under a public works contract. The facts are not in dispute and the only issue is whether the provisions of I.C. § 50-219, requiring “claims for damages” to be submitted to a city within sixty days of the time the “damages” occurred, are applicable under the circumstances presented in the case at bar. We hold the notice provisions of I.C. § 50-219 inapplicable and affirm the summary judgment.

Defendant-appella…