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Contracts Keyed to Murray
Elec-Trol, Inc. v. C.J. Kern Contractors, Inc.
Facts
Elec-Trol, Inc. (Plaintiff) was a subcontractor for contractor C.J. Kern Contractors, Inc. (Defendant) on a project for North Baptist Hospital, Inc. Under the terms of the contracts between (1) Plaintiff and Defendant and (2) Defendant and the hospital, if there were additional costs for the project and the hospital and Defendant could not agree on the amount to adjust the contract for those costs, the adjustment amount was to be determined by the project’s architect. Plaintiff sued Defendant for additional compensation for its work. The trial court granted Defendant’s motion for summary judgment. Plaintiff appealed.
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