Sea Byte, Inc. v. Hudson Marine Management Services, Inc.

FAY, Circuit Judge:

This case arises out of a fixed-price contract between Appellant Hudson Marine Management Services, Inc. (“Hudson”) and Appellee Thomas Miller (“Miller”) in which Miller hired Hudson to restore a damaged underwater reef. Before Hudson could complete the restoration, the area experienced a series of hurricanes which expanded the scope of the project. Hudson never finished the job, and Hudson and Miller each filed claims against each other. The district court held that neither party breached their contract, but rather the contract terminated by its own terms when the…