Erlich v. Hendrick Construction Co.

On August 15, 1972, Arthur W. Patton and Berl M. Erlich, partners in Tysons Ice Rink (owner), signed a $675,000 contract with Hendrick Construction Company, Inc., (contractor), for the construction of an ice rink at Tysons Corner. The contract, prepared by contractor, provided that work would begin within 10 days and would be “substantially completed within 150 calender [sic] days.” Architect’s specifications, expressly incorporated in the contract, provided that “time is of the essence of this contract” and fixed liquidated damages of $200 per day “[i]f the contractor shall neglect, fail or…