Gunwerks, LLC v. Forward Cody Wyoming, Inc. (Manufacturing Facility Design-Build Third-Party Beneficiary Appeal)
The Wyoming Supreme Court unanimously reversed the dismissal of Gunwerks, LLC's $14 million construction-defect claims against its manufacturing facility's architect, Plan One Architects, and general contractor, Sletten Construction of Wyoming, holding that Gunwerks adequately alleged it was an intended third-party beneficiary of contracts those firms signed with Forward Cody Wyoming, Inc., the economic-development entity that held the contracts on Gunwerks' behalf. Justice Bridget Hill authored the February 2, 2026 opinion, which sends the case back to the Park County district court for further proceedings alongside Gunwerks' direct breach-of-contract claim against Forward Cody.
Why it matters
Clarifies that a manufacturer or other end user with no signed contract can still sue the architect and contractor directly where a public-private conduit entity's contracts exist solely to produce a facility for that user's benefit — narrowing a liability shield design-build teams have relied on in economic-development-funded projects, and putting municipalities and development authorities on notice that acting as contracting intermediary does not concentrate all downstream liability with them.
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