Barber v. Atlas Concrete Pools, Inc.

Carley, Judge.

Appellant Barber, defendant below, entered into a contract with appellee for the construction of a swimming pool. Almost immediately after appellee began excavation a rock formation was struck and work halted. A second site was chosen and appellee was able to excavate to a depth of approximately five feet before striking rock again. The contract made provision for this event, requiring that appellant would absorb any additional cost plus 20% should rock or other material be encountered which could not be removed other than by drilling or blasting. Because of the rock a pool of…