McKinney Drilling Company v. The Collins Company, Inc. And United States Fidelity and Guaranty Company

In this diversity contract action, the plaintiff persuaded the district court that it was entitled to additional compensation for encountering unexpected rock formation while drilling holes in the ground for the installation of caissons. Deciding that the district court, 517 F.Supp. 320 (N.D.Ala.), was not clearly erroneous in determining the parties’ intent and rendering judgment for $41,630.22, we affirm essentially for the reasons given by the district court.

In 1979 McKinney Drilling Co., a subcontractor, agreed with The Collins Company, a general contractor, to install eight 72-inch…