Seneca Waste Solutions, Inc. Vs. Sheaffer Manufacturing Co., Llc And Sheaffer Pen Corporation, A Division Of Bic Usa Inc.

HECHT, Justice.

After hiring a contractor to clean and decontaminate its pen manufacturing plant, the owner of the plant refused to pay more than the “not to exceed” price designated in the cleaning contract. The contractor filed suit, claiming entitlement to a judgment in an amount exceeding the not-to-exceed contract price because the scope of the work defined in the contract was modified by the owner after the written contract was formed. The district court granted summary judgment in favor of the plant owner. On appeal, the court of appeals reversed and remanded. We granted the plant…