No winners in contract dispute over additional work

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 19, 2020 3:23 PM

U.S. District Judge Robert M. Dow Jr. rejected NAR Business Park’s claim for $334,486 in additional work excavating soil as part of a contract to build a 400,000-square-foot warehouse for Ozark Automotive Distributors because (1) the contract documents included a report from a soil testing company, Terracon Consultants, that mentioned the potential need for excavating deeper than an unsuitable layer of “fill” and the first layer of “native soils” and (2) the “extra work” wasn&rsquo …

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