Legal Opinion
City of Parkersburg v. Turner Construction Co.
Court of Appeals for the Fourth Circuit
Decided January 11, 1980No. Nos. 78-1397, 78-1398PublishedCited by 2 opinions
1Opinion of the Court
HAYNSWORTH, Chief Judge:
In 1972 the City of Parkersburg entered a contract with Turner Construction Company (Turner) for the construction of additions to a city hospital. Pursuant to the contract, Turner was to establish a figure representing the guaranteed maximum cost (GMC) to the city. The city filed the instant action in 1974, seeking a declaration *156that a January 19, 1973 letter from Turner set the GMC at $5,843,000. Turner argued that the letter did not establish a GMC and that suit was barred by the city’s failure to submit the matter to arbitration.
The district court held that the…
2Cases cited4 opinions
- Radiator Specialty Co. v. Cannon Mills, Inc.Court of Appeals for the Fourth Circuit · 1938
- E. I. Du Pont De Nemours & Company, and United States of America v. Lyles & Lang Construction CompanyCourt of Appeals for the Fourth Circuit · 1955
- Clinton Water Ass'n v. Farmers Construction Co.West Virginia Supreme Court · 1979
- City of Parkersburg v. Turner Construction Co.District Court, N.D. West Virginia · 1977
3Cited by2 opinions
- I.T.A.D. Associates, Inc. v. Podar BrothersCourt of Appeals for the Fourth Circuit · 1981
- The City of Parkersburg, West Virginia, Etc. v. Turner Construction Company, a Corporation, the City of Parkersburg, West Virginia, Etc. v. Turner Construction Company, a CorporationCourt of Appeals for the Fourth Circuit · 1980