Gilbert Pacific Corp. v. State ex rel. Department of Transportation

Plaintiff, Gilbert Pacific Corporation, was the general contractor for defendant state on a highway grading and repaving project. It brought this action for, inter alia, breach of contract and breach of warranty, seeking to recover costs that it had incurred and for services that it had rendered as a result of serious problems with the highway subgrade. The problems necessitated extensive subexcavation and related work, delays and expenses that were not contemplated by defendant’s specifications or the parties’ contract. In addition to stating claims for its own damages, plaintiff stated a…