Humbert Excavating, Inc. v. City of Pendleton

Defendant City of Pendleton (City) moves for reconsideration of our opinion reversing the summary judgment in its favor and remanding plaintiff s claim. 118 Or App 137,846 P2d 441 (1993). We allow reconsideration and modify our opinion, but adhere to it.

In our earlier opinion, to determine what the parties intended by the phrase “extra work,” we looked at the contract language that “extra work” was work that “cannot be classified under any of the items for which unit prices are listed.” 118 Or App at 142. As City contends, we should have quoted the provision that says that “extra work” is…