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Contracts Keyed to Calamari
C.R. Klewin, Inc v. Flagship Properties, Inc.
Facts
The Defendant was developing a major project for the University of Connecticut that involved several buildings for a total project cost of $120 million. The Defendant had a dinner meeting with the Plaintiff (a construction manager), and a fee was agreed upon subject to the timing of the different phases of the project. The meeting ended with a handshake and “You’ve got the job. We’ve got a deal.” Subsequently the parties held a press conference about their deal, and ceremoniously signed an American Institute of Architects Standard Form of Agreement between ("AIASFA") between owner and construction manager, but did not fill in the blanks.• Construction began and the parties entered into a written agreement for the first phase. Five months later the first phase was finished. The Defendant decided that he did not like the Plaintiff’s work and contracted with another construction manager five months after that to complete the project. The Plaintiff then filed suit alleging: (1) breach of oral contract; (2) quantum meruit for services performed in anticipation of the next phases and (3) reliance on Defendant’s promise to pay for preconstruction services.• The Defendant moved for summary judgment claiming the oral agreement was unenforceable under the Statute of Frauds ("SOF"). The District Court granted summary judgment because: (1) the contract was not indefinite because it would be completed when it was finished and (2) as a matter of law it could not have been performed within one year. The Plaintiff admitted that it was intended to take 3-10 years.
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