W. E. Garrison Grading Co. v. Piracci Construction Co.

BROCK, Chief Judge.

To quote from defendant’s brief, “All of the error which the Defendant assigns relates to this fundamental question: What was the contract between the parties, and did the Plaintiff prove liability under that contract?” In particular defendant contends that the presiding judge erred by not limiting its liability to excavation work performed by plaintiff which was (1) authorized by written change order and (2) measured by the cross-section method in accordance with the express terms of the 5 January contract. The essence of defendant’s argument is that the 5 January contract…