Lurlee, Inc. v. Pernoshal-39 Co.

Marshall, Judge.

This is an appeal by a contractor (Lurlee) from a judgment for damages rendered against it in favor of the owner-builder Pernoshal (an acronym from Perimeter, North and Shallowford), based upon a breach of contract to build fifty apartments.

On or about March 9, 1971, Pernoshal and Lurlee entered into a contract under which Lurlee was to build fifty apartments in a development for a cost not to exceed $630,360, which sum included a 5% contractor fee. These fifty units were to be completed within two hundred calendar days or by September 25, 1971.

It is uncontested that Lurlee…