Frank Briscoe Company, Inc., a Corporation v. Morrison-Knudsen Company, Inc., a Corporation
Opinion
Opinion
Duniway, J.
I. Procedural Background.
Frank Briscoe Company, Inc. (Briscoe) was the general contractor on the construction of an Advanced Wastewater Treatment Plant in Clark County, Nevada. Briscoe filed this action in the United States District Court for the District of Nevada, for breach of contract and tort against the owner of the project, Clark County Sanitation District Number 1 (District), and against the engineer, URS Company, Inc. (URS), the construction manager, Morrison-Knudsen Co., Inc. (M-K), and the interim engineer, H.K. Ferguson Company (Ferguson).
On November 19, 1982, M-K and Ferguson moved to dismiss the negligence allegations in Briscoe’s complaint which applied to them. On August 5, 1983, appellee URS also moved to dismiss applicable negligence allegations. In a minute order entered March 20, 1984, the district court granted both motions to dismiss and granted Briscoe leave to file an amended complaint.
Briscoe filed an amended complaint on April 2, 1984. On April 12, 1984, M-K and Ferguson moved to dismiss the negligence allegations made against them in the amended complaint. On April 16, 1984, URS also moved to dismiss the amended complaint’s applicable…