Largent Contracting, Inc. v. Great American Homes, Inc.

1990 WL 176723 (1990)

Facts

Largent (P) and D entered into a contract for P to clear land and build a lake. The contract itemized the work to be done. The very next day it was modified to provide for more detailed itemization, but the total price remained unchanged at $133,479.50. P sued D claiming that an additional $11,612.36 was due for additional work done as authorized by D or its agents. P contends that this is a factual question which precludes summary judgment. D contends that the additional work done was not approved by the engineer as required. The engineer concedes that additional work was performed and approved by a representative of D. The engineer testified that payment was made in excess of $10,000 for work approved by him on the contract.