Legal Opinion
Affholder, Inc., a Missouri Corporation v. Southern Rock, Inc., a Mississippi Corporation
Court of Appeals for the Fifth Circuit
Decided August 17, 1984No. 83-4420PublishedCited by 5 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
A subcontractor who installed a tunnel as part of a sewer system seeks to recover from the contractor a sum almost six times the contract price because the location of the tunnel was changed from the place shown in the bid documents and the different subsoil and water invasion problems there encountered occasioned a vast increase in cost. The contractor resists on the basis that the trial court’s fact finding of a change in conditions between the two sites and other findings were clearly erroneous; notice of the change was not timely given, as required by the…
2Cases cited5 opinions
- Citizens Nat. Bank of Meridian v. LL Glascock, Inc.Mississippi Supreme Court · 1971
- Crawford v. BROWNMississippi Supreme Court · 1952
- Delta Construction Co. of Jackson v. City of JacksonMississippi Supreme Court · 1967
- Stanley v. StanleyMississippi Supreme Court · 1947
- King Lumber Industries v. CainMississippi Supreme Court · 1968
3Cited by5 opinions
- Harold "D" Ayers v. United StatesCourt of Appeals for the Fifth Circuit · 1985
- Nch Corporation, Cross-Appellant v. Lynn N. Broyles, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1985
- Henry G. Mills, Plaintiffs/counter v. Damson Oil Corp., Defendant/counterCourt of Appeals for the Fifth Circuit · 1991
- Bagwell Coatings, Inc., Cross-Appellant v. Middle South Energy, Inc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1986
- Affholder, Inc., a Missouri Corporation v. Southern Rock, Inc., a Mississippi CorporationCourt of Appeals for the Fifth Circuit · 1984