Bill McCarty Construction Co. v. Seegee Engineering Co.

OPINION

SCARBOROUGH, Chief Justice.

Plaintiff-Appellant, Bill McCarty Construction Co., Inc., moved for rehearing of this Court’s earlier decision, filed November 9, 1987. This Court granted rehearing solely on the issue of whether McCarty was entitled to prejudgment interest. Our earlier decision on this matter is withdrawn and this opinion is filed in its place.

McCarty contracted with Seegee Engineering Company, Inc. to supply concrete and perform earthwork for the construction of the Ruidoso High School. The concrete was supposed to meet strength requirements, as specified in the plans for…