Hall Contracting Corporation v. Entergy Services, Inc.

BEAM, Circuit Judge.

In this diversity action, Hall Contracting Corporation (“Hall”) appeals from the decision of the district court granting summary judgment in favor of Entergy Services, Inc. (“Entergy”). We affirm in part and reverse in part.

I. BACKGROUND

Entergy owns and operates the Remmel Dam on the Ouachita River near Hot Springs, Arkansas. Constructed in 1923, the dam is an “Amberson-style” gravity dam comprised of abutments on the north and south shores of the river and a spillway that spans the river and connects the two abutments. In 1996, Entergy solicited bids for a construction…