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Contracts Keyed to Summers
Berke Moore Co. v. Phoenix Bridge Co.
Facts
The Phoenix Bridge Company (Defendant), a general contractor, contracted with New Hampshire to build a bridge. Defendant was to receive payment for approximately 3,933 square yards of concrete surface included in the bridge deck. Defendant thereafter entered a subcontract with Berke Moore Co. (Plaintiff), under which Plaintiff was to perform concrete work for the bridge deck. Plaintiff was to be paid per square yard of concrete. Plaintiff was aware at the time it entered the subcontract that the general contract estimated 3,933 square yards for the project. Plaintiff performed the work and sought payment for the total square yards of concrete it placed on the deck, which amounted to 8,100 square yards. Defendant took the position that Plaintiff was only entitled to payment for the square yards of concrete included in the upper surface area of the deck, which amounted to 4,184 square yards. The trial court found that, at the time the subcontract was entered, Defendant and Plaintiff believed that Plaintiff would only be paid for concrete placed in the upper surface of the deck.
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