Brian Construction & Development Co. v. Brighenti
Supreme Court of Connecticut
422 A.2d 927 (Conn. 1980)
Brian Construction (plaintiff) subcontracted excavation work for a post office project to Brighenti (defendant), but Brighenti encountered unexpected rubble at the site requiring far more excavation than either party had anticipated or priced into the original contract. The parties orally agreed Brighenti would clear the rubble in exchange for increased pay, but Brighenti eventually stopped work and refused to continue; Brian Construction sued, the trial court ruled for Brighenti, and Brian Construction appealed.
Whether a promise of additional compensation, made in exchange for a promise to perform extra work necessitated by an unforeseen condition, constitutes sufficient consideration to support a separate, enforceable agreement.