Reif v. First National Bank of the Black Hills

FOSHEIM, Chief Justice.

William J. Reif (contractor) appeals from a judgment on a housing contract. We reverse and remand.

We refer to Reif v. Smith, 319 N.W.2d 815 (S.D.1982) (Reif I), for factual background which will be supplemented as necessary for disposition of the issues on this appeal.

In Reif I, we held that the plans and material list were inadequate, that owners could not waive a provision of the original contract requiring written change orders for some items and not for others, and that the contractors should receive compensation for all of the extras and the amount owing under the…