Flynn v. Schocker Construction Co.

ELLETT, Justice.

In this opinion the appellant will be referred to as Flynn and the respondent as Schocker.

Schocker was the prime contractor on a storm sewer project for Salt Lake City and Salt Lake County, the work of which was to be constructed under the direction of Salt Lake City Engineering Department. Flynn had a subcontract with Schocker to construct the intake boxes and the clean-out boxes in connection with the project. The gist of this matter involves a determination of whether Flynn’s subcontract was lawfully terminated because of his failure to prosecute the work as agreed and…