Lynch v. Norton Construction, Inc. , 1993 Wyo. LEXIS 166 ( 1993 )

CARDINE, Justice,

specially concurring, with whom THOMAS, Justice, joins.

The contractor in this ease, Norton Construction, Inc., constructed the sidewalk precisely in accordance with the design, plan and orders of the school district as required by his contract with the district. The issue here presented, as I see it, is:

Is there a duty to third persons that requires a contractor to breach his contract by constructing the project contrary to an owner’s design, plans and specifications or, in the alternative, refusing to construct the project at all?

I would hold such a duty does not rest with the contractor. If there was negligence in the design, or in the failure to correct a dangerous condition, or failure to salt and sand the ice, it was the negligence of the owner and not the contractor.