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Contracts Keyed to Fuller
Berke Moore Co. v. Phoenix Bridge Co.
Citation:
98 A.2d 150 (1953)Facts
The plaintiff, Berke Moore Company, entered into a subcontract with Phoenix Bridge Company to construct a concrete bridge deck according to state specifications at a price of $12 per square yard. The specifications stated that payment would be for “the number of square yards of concrete surface included in the bridge deck, including the sidewalk,” and that “concrete curbs shall be considered incidental to this item.” The bridge deck was approximately 1,200 feet long, divided into two sections, with a width of 33 feet and thickness of 7 inches. A dispute arose when Berke Moore claimed payment for the entire exterior surface area (approximately 8,100 square yards), while Phoenix Bridge maintained that payment should be based only on the top surface area (approximately 4,184 square yards). The state’s original estimate for the project was 3,933 square yards, which both parties used in their bidding process.
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