Darrell J. Didericksen & Sons, Inc. v. Magna Water & Sewer Improvement District

BURNS, District Judge:

The facts material to this decision involve a plaintiff contractor who entered into a sewer construction contract in August, 1976, with the defendant, Magna Water and Sewer Improvement District, for the relocation of the defendant’s sewer line to accommodate a four-lane highway to be constructed by the third-party defendant, Utah State Department of Transportation. 1 Magna was to be reimbursed for all costs incurred by reason of the sewer relocation project by the DOT. After the contract was in force, the Contractor became aware of other construction in the subject area…