Schultz & Lindsay Construction Co. v. State

OPINION

OMAN, Justice.

This is a suit by plaintiff construction company (hereinafter called “Contractor”) against the State of New Mexico and the State Highway Department (hereinafter called “State”) on a highway construction contract to recover .the sum of $62,630.93, plus interest, allegedly due the Contractor for extra work done pursuant to the contract. The trial court found in favor of the State and entered judgment dismissing the Contractor’s complaint. The Contractor has appealed. We reverse.

The contract value of the extra work in the amount of $62,630.93 was not disputed at the trial.…