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'Don't Worry' Promise No Substitute For Written Change Order

Sunday, January 01, 2012 09:46 am


Extra Work -- Change Order

Carolina Conduit Sys., Inc. v. MasTec North America, Inc., 2011 U.S. Dist. Lexis 122578 (E. D. Va. Oct. 24, 2011)

A contractor and subcontractor were accustomed to doing business together, often without a written contract. That may explain why the sub failed to follow the letter of the written contract for handling additional work.

Subcontractor Carolina Conduit Systems, Inc. (Carolina Conduit) sued general contractor MasTec North America,

Inc. (MasTec) for breach of contract in connection with a project to construct a duct system and improve an underground conduit system in Norfolk, Virginia. The sub sought expenses associated with additional work. MasTec contended that the alleged extra work fell within the subcontract's scope--and that, even if it didn't, the subcontract included a provision governing changes to the work with which Carolina Conduit did not [...]

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