Chamberlin v. Puckett Construction Co.

921 P.2d 1237 (1996)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Puckett Construction (D) executed a contract with Hotel to be a general contractor of a Ramada Inn. D then got a bid from Custom Framing to perform framing work associated with the contract. D drafted and signed a subcontractor agreement on March 24, 1994, and forwarded it to Chamberlin (P) one of the partners of Custom. P and his partner made ten changes to the agreement and then signed the revised contract and returned it to D’s superintendent. The changes were accepted by D on April 14, 1994. Ten days prior to the start date, P called D and informed the receptionist that P would not begin work until Puckett himself had personally initialed the changes. D then sent a letter telling P that it would be hiring someone else for the job and in fact, did so. P sued D for breach of contract. P denied the existence of the contract. The Court directed a verdict to D and awarded D $11,405 on its counterclaim and gave D reasonable attorney fees and costs. P appealed.