Contracts Keyed to Calamari
Largent Contracting, Inc. v. Great American Homes, Inc.
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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