Millgard Corp. v. McKee/Mays

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This Texas diversity case raises the familiar question of a price adjustment to a construction contract. Here a subcontractor encountered wet soil while sinking piers for a foundation. A soil report accompanying, the bid documents signaled dry soil, but the bid documents stated that this soil report was not part of the contract documents. A provision in the subcontract allowed for price adjustment if the subcontractor encountered conditions at variance with those indicated in the subcontract or those ordinarily encountered. Another clause disclaimed all…