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ENCON UTAH, LLC v. FLUOR AMES KRAEMER, LLC

Supreme Court of Utah (2009) | 210 P.3d 263; 2009 UT 7

3 min read

TL;DR: A subcontractor sued a general contractor for termination damages. The court affirmed the award, holding the subcontract's specific termination clause governed compensation, not the incorporated prime contract's clause, and correctly interpreted the subcontract's compensation cap.

Legal Significance: This case clarifies that specific subcontract provisions govern compensation upon termination, even if a prime contract with different terms is incorporated, especially when incorporation is limited to the subcontractor's scope of work.