Commercial Contractors, Inc. v. Sumar Contractors, Inc.

MADDOX, Justice.*

This appeal involves a dispute between a prime contractor and a subcontractor over a contract.

Commercial Contractors, Inc., appellant here, was the prime contractor for building a shopping center named Red Mountain Plaza in Birmingham. Sumar Contractors, Inc. had the subcontract for site grading and for other incidental work.

The shopping center site was located on the side of Red Mountain. Consequently, extensive cuts into the side of the mountain were required. As Sumar completed the grading, Commercial and other con*274tractors were constructing buildings in the shopping center…