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Contracts Keyed to Dawson
Universal Builders, Inc. v. Moon Motor Lodge, Inc.
Facts
The contract provided that all change orders and requests for time extensions be made in writing and approved; and also provided for specified proportions of a reinforcing substance in the walls. The parties also entered a supplemental agreement that Universal would pay damages for the absence of reinforcing materials done by the subcontractor, perform other work at no additional cost, and pay liquidated damages for the delay in completion from April 1, 1962 to July 1, 1962. Universal substantially completed performance on September 1, 1962, and went into bankruptcy after filing this suit. The bankruptcy trustee for Universal asked the court to declare the supplemental agreement void as allegedly induced by fraud, to grant a money decree for work done under both the primary and supplemental contract, and for lost profits and punitive damages. The Defendant denied any fraud, denied it owed money under the contracts and counterclaimed for the delay in completion. The lower court awarded the Plaintiff $127,759.54 for the work done, plus extras and interest. The Defendant appealed.
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