AMEC Civil, LLC v. State, Department of Transportation

The trial court erred in granting summary judgment to the Department of Transportation (DOT) and denying partial summary judgment to AMEC because the Night Work Lawsuit (NWL) did not bar this suit on the doctrine of res judicata. I, therefore, respectfully dissent.

*244This case involves separate, unrelated breaches of a contract between AMEC and the DOT for construction of a major highway project over a period of some four- and-a-half years. The first breach occurred one month into the contract when DOT failed to procure mandatory environmental permits for AMEC to work at night. AMEC filed the…