The Utah Supreme Court on Tuesday overturned a 3rd District Court decision that had ordered the Utah Department of Transportation to pay $774,000 to a contractor who alleged breach of contract on an Interstate 215 project in 2003.
The Supreme Court ruled that UDOT’s contract with Mountain Valley Contractors allowed it to alter the I-215 project. It also ruled that Mountain Valley had waived any right to additional compensation because of the “alleged change” because it did not comply with the contract’s notice procedures.
Mountain Valley and its subcontractor, Southwest Asphalt Paving, had contended that they bid the project intending to use less-expensive “ribbon paving,” which they said was allowed by the contract.
UDOT, however, would not permit that in areas where it would create in a greater-than-two-inch vertical grade separation between lanes during construction, and required more expensive “block paving” on a significant portion of the project.