Mars Constructors, Inc. v. Tropical Enterprises, Ltd.

On November 30, 1966, appellant, an owner of real property in Waikiki, and appellee, a general contractor, entered into a contract for the construction of a nineteen-story hotel building.

The contract called for cast-in-place balcony railings; however, an alternate provision in the contract gave the contractor an option to use precast concrete balcony railings, provided the precast method complied with all other requirements of the plans and specifications.

As required, the contractor submitted a shop drawing for the precast method. The owner and the architect informed the contractor that the…