Graham v. Concord Construction, Inc.

— The dispositive question here is whether federal or state law provides immunity from claims by a third party for a private contractor who builds a fish screen according to United States Bureau of Reclamation specifications. We conclude it does not because there is a sufficient showing of negligence in the performance of the contract to avoid summary judgment. We, therefore, reverse the trial judge’s conclusion to the contrary and remand for trial on the merits.

FACTS

Concord Construction, Inc., successfully bid to construct a fish screen for the United States Bureau of Reclamation. The screen…