Coonrod & Walz Construction Co. v. Motel Enterprises, Inc.

The opinion of the court was delivered by

Foth, C.:

The ultimate question in this case is the balance due the general contractor from the owner for the construction in 1969 and 1970 of the high-rise Holiday Inn Plaza motel in Wichita. The answer depends in large part on whether the guaranteed-maximum-cost provision of the construction contract continued in effect, or whether the parties by their conduct had waived that provision and converted the contract into a straight cost-plus contract. The trial court enforced the guaranteed maximum, and in its judgment allowed the contractor to recover…