City of Phoenix v. Wittman Contracting Co.

DONOFRIO, Presiding Judge.

The appellee, Wittman Contracting Co., hereinafter referred to as Wittman, is an Arizona corporation duly licensed as a contractor. The appellants are the City of Phoenix, and Orville Larry Bryant Construction Co., hereinafter referred to as Bryant.

The pertinent facts for this appeal, which have been stipulated to by the parties, are as follows. In mid-1972 the City of Phoenix published a notice to contractors inviting bids on the construction of a water line on Southern Avenue, from 16th Street to 36th Street, in the City of Phoenix. The project was designated City…