Ground Breakers, Inc. v. City of Buckhannon

In 1989, Ground Breakers, Inc., signed a construction contract with the City of Buckhannon under which Ground Breakers would replace sewer lines in the City. As part of its contractual obligation, Ground Breakers was to repave the affected streets following completion of the sewer replacement project.

During excavation of a portion of a street, the ground under the street shifted, resulting in cracks in the pavement as the work proceeded. Ground Breakers ceased work on the project and notified the City of the problems it had encountered. The City instructed Ground Breakers to proceed with the…