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Contracts Keyed to Barnett
Brian Construction and Development Co. v. Brighenti
Citation:176 Conn. 162, 405 A.2d 72 (Conn. 1978)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Brian Construction entered a subcontract with Brighenti in connection with the construction of a post office building. Brighenti was to perform excavation services for $104,326.
When Brighenti began the excavation process, he discovered considerable debris below the surface that was not disclosed in the grossly inaccurate survey results that Brighenti had relied on from Brian Construction. Neither party knew of the debris, so the contract price did not include the cost of removing such debris.
All of the construction contracts required prior authorization to modify the contract price. Each of the parties recognized that the debris needed to be removed, but no party authorized the modification of the contract price to account for the added removal process.
Brighenti refused to continue the excavation process until Brian Construction had the debris removed. The parties then orally agreed that Brighenti would be paid for the cost of removing the unanticipated debris plus 10 percent. Brian Construction confirmed the agreement in a letter that Brighenti never signed.
A month later, Brighenti walked off the job, and Brian Construction was forced to complete the work.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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