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Contracts Keyed to Knapp
Sherrodd, Inc. v. Morrison-Knudsen Co
Facts
Plaintiff was a subcontractor of COP and COP was a subcontractor of Defendant, the general contractor on the project. Plaintiff alleges that Defendant stated that the job would involve excavating 25,000 cubic yards. Plaintiff submitted a bid based on this information. COP and Plaintiff entered into a written contract based on the price in Plaintiff’s bid. Plaintiff discovered that the job would involve more than 25,000 cubic yards, but signed the contract anyway because work had already been started and COP threatened not to compensate Plaintiff for the work that had already been performed. Plaintiff claims COP stated that Plaintiff would receive more than the contract price to compensate for the additional work. COP claims to have only offered to assist Plaintiff with another claim. The contract included a provision that it could not be modified by a verbal agreement.
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