Gilliland Construction Co. v. State Highway Department

The plaintiff constructed a section of interstate highway 1-75 in Chippewa and Mackinac counties pursuant to a contract with the defendant. Early in September 1963, part of the construction heaved and cracked and complaint was made to plaintiff by defendant. Responsibility for the damage was disputed by the parties, plaintiff maintaining the damages were caused by matters outside of its control and defendant claiming plaintiff had failed to perform its contract properly.

On September 12, 1963, the parties reached apparent agreement that defendant would pay plaintiff for the additional work and…