Warren Bros. Co. v. Metropolitan Government of Nashville & Davidson County

NEARN, Judge.

This is a dispute over the terms of a contract.

Metro desired that certain improvements be made to a portion of Charlotte Avenue in Nashville. Under circumstances later set out, Warren Brothers agreed to do the work. A part of the work consisted of laying storm and sanitary sewers. Trenches had to be excavated in order to lay the storm and sanitary sewer lines. Rock had to be excavated in order to dig the trenches. Warren Brothers sought separate payment under the “rock excavation” provision of the contract. Metro refused payment claiming that the rock excavation provision was…