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Contracts Keyed to Dawson
Brian Construction & Development Co. v. Brighenti
Facts
The Defendant signed a subcontract with the Plaintiff under which he promised to perform “all Excavation, Grading, Site Work, etc.” After commencing excavation, the Defendant discovered considerable debris below the surface that neither he nor Plaintiff had been aware of, necessitating much more work than contemplated. Under the contract and subcontract, no extra work could be performed without authorization, which could not be obtained. The Defendant ceased working, and Plaintiff entered into an oral agreement with the Defendant that he would pay for his costs of removing the unanticipated rubble, plus 10%. The Plaintiff put the terms into writing and signed, but the Defendant never signed and returned the letter. The Defendant did return to work for a while, and then left the job unfinished. The Plaintiff completed his own contract with the owner, and suffered considerable damages.
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