White v. Miller

John Steven White, Petroleum Specialist, Inc., and Petroleum Engineering and Construction, Inc. (hereinafter referred to as "the contractor"), appeal a summary judgment in favor of Donald Miller.

Our review of the record reveals the following pertinent facts Miller and the contractor entered into agreement, wherein the contractor agreed to build a convenience store/gas station for Miller. In the contract Miller agreed to pay the contractor "cost plus 20% of the total price, with a [price] not to exceed . . . ($524,000 subject to additions and deductions pursuant to authorized change orders."

Mil…