Brian Construction (P) was assigned a contract to build a post office. P then entered into a contract with Brighenti (D) who agreed to perform all excavation, grading, site work, asphalt pavement, landscaping, and concrete work for $104,326 and to do everything necessary and requisite for the completion of these duties. D commenced the work and soon discovered considerable debris below the surface; this was not reflected in the test borings for the excavation. The cost of the removal of this rubble was not included in the plans. P then notified the architect for the owner, but the owner would not give written authorization for the removal of the debris. D then ceased work on the site and notified P and offered to complete the work if P were to remove the debris. Then P and D entered into an oral agreement to remove the rubble at cost plus 10%. D began work again but abandoned the cite when P refused to confirm the transaction in writing. P completed the contract. P sued. Judgment was given to D on P’s claims and for P on D's counterclaim. P appealed.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.