Excel Constr., Inc. v. Town of Lovell

December 21, 2011 by Justia

Excel Construction entered into a contract with the Town of Lovell to replace the Town's water and sewer system mains and service connections. Excel subsequently filed a complaint against the Town of breach of contract and related claims. The district court dismissed Excel's claims for failure to submit a governmental notice of claim that met the itemization requirements of the Wyoming Constitution and Wyoming Governmental Claims Act. The Supreme Court reversed, holding (1) Excel's notice of claim met the itemization requirements of Wyo. Stat. Ann. 1-39-113(b)(iii) and Wyo. Const. art. XVI, 7; (2) Excel complied with the service requirements of Wyo. Const. art. XVI, 7 when it served its notice of claim on the mayor, town administrator, town attorney, and town project engineer; and (3) the district court had jurisdiction to consider Excel's motion for leave to file a second amended complaint. Remanded. View "Excel Constr., Inc. v. Town of Lovell" on Justia Law