Northern Improvement Co. v. South Dakota State Highway Commission

I agree that plaintiff has no claim under the contract for extra compensation for extra work done. I would hold, however, that the concepts of waiver and estoppel are not available to circumvent the terms of the contract. In the case of England v. State, 61 S.D. 132, 246 N.W. 628, plaintiff argued that its complaint to the district and state highway engineers that certain work was outside the scope of the contract was sufficient to avoid a requirement that a settle*215ment for such work be agreed upon in writing between the contractor and the commission prior to the commencement of the work. In…