J & J Contractors/O.T. Davis Construction, A.J v. v. State Ex Rel. Idaho Transportation Board

JOHNSON, Justice.

This is a government contract case. The primary issue presented is whether a contractor may recover against the state in quantum meruit for work performed pursuant to a contract that was void. We affirm the decision of the district court denying recovery in quantum meruit. We also hold that the state may not recover an amount paid to the contractor pursuant to an administrative determination that was not appealed by the state.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

J & J was the low bidder on a project for the construction of a bridge across the Snake River near Shelley, Idaho.…