Sanford Construction Co. v. S & H CONTRACTORS, INC.

The majority opinion permits an excavation contractor to recover $75,000 damage because of fraud on a contract bid of $104,000. This strikes me at first blush as *240being too much fraud on too little contract. The contractor was warned by a caveat in the plans and specifications to make his own investigation of the work to be performed and not to rely upon any representations. The contractor made an investigation which is now admitted to have been inadequate. This was his own fault. After he discovered that a mistake had been made in his estimates he could have discontinued work and thus…