Charles A. Burton, Inc. v. Durkee

One of the assignments of error made by the owners is that, even though the contract between the parties was on a cost-plus-fixed-fee basis, it contained a maximum limitation clause of an approximate amount of $27,000, plus a fixed fee of $2,700; that such limitation should be recognized; and that a cost-plus builder whose claimed costs are disputed should be limited to recovery of the reasonable cost of the work done.

The question of the interpretation of the character of the contract and the rights and the obligations of the parties thereunder was before the Common Pleas Court, the Court of…