Omega Const. Co., Inc. v. Murray

Defendant, Norbert T. Murray, contracted with plaintiff, Omega Construction Company, Incorporated, to have plaintiff build a shopping plaza. The contract, signed by the parties on March 30, 1979, provided that plaintiff would build a Kroger store to "turnkey” (ready for occupancy) completion and leave the remainder of the plaza in "shell” (ceiling and walls only) condition. The contract set the price for construction at $1,114,000. On the same day, defendant executed a noninterest-bearing note to plaintiff providing for payment of $326,000 after satisfactory completion of the construction…