R.G. Pope Construction Co. v. Guard Rail Of Roanoke, Inc.

244 S.E.2d 774 (1978)

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

Pope (P) entered into a contract with the state of Virginia for the construction of a road. P signed a contract with Guard Rail (D) who agreed to furnish and install a steel guardrail. The prime contract expressly stated that all work on the project was to be completed by October 1, 1973. Time was of the essence but extensions of time could be granted by the Virginia Highway Department when a delay to unforeseen causes was encountered. The contract with P required D to furnish all necessary materials, and labor. D had examined all the contracts and was well aware of the completion date. D contracted with Syro to get the guard rail components. D locked in the price with them provided delivery of the materials took place anytime from August 1973 to early November 1973. Naturally, the site was not ready for guardrail installation until July 1974. D notified P in April of that year that the price it quoted was subject to a locked-in price and that the price was no longer available because of a steel shortage. D sought renegotiations. P refused, and D refused to perform. P got another contractor to install the rail and then sued D for breach for $132,071.90. D counterclaimed for $13,183.01. The trial court apparently awarded the judgment to D. P appealed.