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Contracts Keyed to Calamari
Largent Contracting, Inc. v. Great American Homes, Inc.
Facts
The Plaintiff, Largent Contracting, Inc. (the "Plaintiff"), entered into a contract with the Defendant, Great American Homes, Inc. (the "Defendant"), on September 1, 1982. The Plaintiff's obligation was to clear land and build a lake on the Defendant's land. On September 2, 1982, the parties executed an amendment more clearly delineating the Plaintiff's responsibilities, but not changing the price, $133,479.50. The Plaintiff alleges that it "performed additional work" with the Defendant's permission and seeks an extra $11,612.36. The Defendant disagrees and contends the work was "not approved by the engineer as is required by the contract." The court also cites various provisions of the parties' contract dealing with payment. • An Amendment to the contract states: "The following unit prices shall be used to determine progress payments for work performed on the above referenced project. The final payment shall be determined by the quantity of units installed for each item and subject to verification and approval by the Owner's engineer." The engineer designated for this projec, Gregory-Grace and Associates, Inc. ("Gregory-Grace"), admitted that the Plaintiff performed additional work with its permission. The total bills the engineer approved for payment by the Defendant totaled $143,707.50 or about $10,000 more than the contract amount. The date the final work application for payment was submitted, in September 1984, the majority of the work was completed. On December 5, 1984, the last bill in the amount of $11,612.36 was submitted to Gregory-Grace, but the owner was not authorized to pay it.
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