Murdock-Bryant Construction, Inc. v. Pearson

OPINION

EUBANK, Judge.

This appeal arises out of a subcontract for site excavation work on a shopping center construction project located in Flagstaff, Arizona. Following a three month trial to an advisory jury, the court awarded appellee-subcontractor damages in quantum meruit, together with attorney’s fees. Appellant-contractor appeals from the judgment. We affirm the judgment as to appellant contractor and surety, but reverse as to appellants Robert Wilbur and University Industries.

The relevant facts are as follows. On July 27, 1977, appellant Taylor Pearson, dba Taylor Pearson Construction…