Lundeen Coatings Corp. v. Department of Water and Power

—In this appeal, we are asked to reverse an order dismissing (demurrer sustained without leave to amend) plaintiff subcontractor’s complaint against defendant department of water and power (DWP). Plaintiff contends that it is owed over $1 million for construction services rendered. Defendant maintains that plaintiff failed to sue on its unpaid contract claims within the two-year period prescribed by Government Code section 945.6, and that DWP is immune from the tort claims alleged. We affirm.

Facts

For purposes of this appeal, we assume that the facts as alleged in plaintiff’s third amended complaint for damages are true. They are as follows: On December 10, 1981, defendant General Electric Environment Sources, Inc. (GEESI) entered into a written agreement with the Intermountain Power Agency (Owner) to act as the prime contractor for the construction of wet scrubbers for units 1 and 2 of the Intermountain Generating Station, Intermountain Power Project in Delta, Utah (Prime Contract). Defendant DWP was the “agent and duly authorized representative of the [Ojwner in the administration” of the Prime Contract. DWP was the project manager for the Prime Contract, was…