Utah Supreme Court July 12, 2011, No. 20090025 (Meadow Valley Contractors, Inc. v. State Department of Transportation)

Chief Justice DURHAM,

concurring in the result:

178 I coneur in the majority opinion's result of reversing the trial court's judgment against UDOT. However, I do not believe it is necessary to address the issues of whether UDOT breached its contract with MVC or whether MVC waived its claims by failing to comply with the contract's written-notice provision.