R.G. POPE CONSTRUCTION CO. V. GUARD RAIL OF ROANOKE, INC.
244 S.E.2d 774 (1978)
NATURE OF THE CASE: This was a dispute over a construction contract.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment