Ferguson v. Yorfino

KLINGEMAN, Justice.

This appeal involves a suit on a written contract to construct a residence. Under date of June 29, 1973, Appellant, Donald O. Ferguson, and Appellee, Joseph R. Yorfino, Sr., signed an AIA “Standard Form of Agreement Between Owner and Contractor” providing that Yorfino was to construct a house for Ferguson on a costs-plus basis, under which Yorfino was to receive the costs of all labor and material, plus a fee of 15 per cent of the costs of such labor and material. [PX-1]. This instrument will sometimes be hereinafter referred to as the “AIA Contract.” Such agreement…