Schuehle v. City of Seattle

(dissenting) — I find myself unable to concur with the majority. I don’t think the changes in the plans and quantities were so material or radical as to alter the character of the work and justify the application of the quantum meruit rule, but, rather, such changes as it was contemplated might be made by the city within the following provision of the plans and specifications made a part of the contract by reference:

“Changes in Plans and Quantities. The City Engineer, under the direction of the Board of Public Works and upon its approval, reserves the right, by proper order in writing, to…