Berke Moore Co. v. Phoenix Bridge Co.

Phoenix Bridge Company (defendant), the general contractor on a state bridge project, subcontracted concrete work to Berke Moore Co. (plaintiff), to be paid per square yard of concrete placed on the bridge deck; Berke Moore knew at the time that the general contract had estimated the project at 3,933 square yards. Berke Moore ultimately placed 8,100 square yards of concrete across the full deck and sought payment for all of it, while Phoenix Bridge argued payment was owed only for the 4,184 square yards on the deck's upper surface. The trial court found that both parties, at the time they entered the subcontract, actually understood payment would cover only the upper-surface concrete.