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Scope-Of-Work Disagreement Leaves Sub Unpaid For Work It Couldn't Prove It Completed

Friday, April 23, 2010 03:27 am

 

Scope of Work -- Quantum Meruit Kiva, Inc. v. Central Texas Barricades, 2010 Tex. App. Lexis 89 (Jan. 8, 2010)

A contractor was not obligated to pay a subcontractor since the sub did not present enough evidence to show it had performed the services it claimed to have.

The City of Austin, Texas hired Kiva, Inc. (Kiva) to perform on the Windsor area wastewater improvement project in 2003. Kiva hired Central Texas Barricades (CTB) to provide traffic control signals and barricades for the project. In September 2003, after several months of work, Kiva asked CTB to perform maintenance on the barricades. CTB refused, claiming the work was not included in the letter of intent the parties had executed. Kiva and CTB could not reach an agreement as to CTB?s scope of work, so Kiva hired a replacement sub to perform tr [...]

 
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