Humbert Excavating, Inc. v. City of Pendleton

Plaintiff Humbert Excavating, Inc.1 appeals summary judgments granted in favor of defendants.2 ORCP 47C. We reverse in part.

According to the summary judgment record, defendant City of Pendleton (City) entered into a contract with defendant Pioneer for the construction of airport taxiways (the principal contract). Pioneer entered into a subcontract with plaintiff to prepare the soil for the paving of the taxiways. Periodically during the performance of the subcontract, City tested the soil to determine the adequacy of plaintiffs work. Purportedly, the tests revealed that the soil was not…