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No Apparent Authority Without Proof You Were Misled

Tuesday, March 01, 2011 03:53 am


Extra Work

Mallory & Evans Contractors and Engineers, LLC v. Tuskegee University, 2010 U.S. Dist. Lexis 131163 (D. Ala. Dec. 10, 2010)

If not protected contractually, a contractor isn't entitled to compensation for extra work simply because the work was done.

Tuskegee University (Tuskegee) paid contractor Mallory & Evans Contractors and Engineers, LLC (M&E) the full initial contract price for a fixed-price, design-build HVAC improvement project at Tuskegee's campus in Alabama. But the parties disputed several proposed change orders for repairs not included in the original scope of work. The parties disagreed about whether these change orders (which pushed the total price beyond the $3.8 million original agreed upon amount) effectively modified the contract. To prevail on its breach of express contract claim, M&E needed to show that Tuskegee obligated itself contractually to pay the extra cost of the additional work. The contractor failed to do so in the face of plain language to the contrary.

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