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Brian Construction & Development Co. v. Brighenti

Supreme Court of Connecticut
405 A.2d 72 (Conn. 1978)


Facts

The plaintiff was assigned a contract to construct a post office building. The plaintiff then entered into a subcontract with the defendant to perform all excavation necessary to complete the job. The defendant started work, but encountered considerable rubble where he was excavating and had to excavate much more than was contemplated in the contract. The rubble was not known or anticipated by the plaintiff or the defendant at the time they made the contract, and the labor and cost to remove it was not included in the contract. The parties orally agreed that the defendant would get rid of the discovered rubble in exchange for an increased contract price. However, eventually the defendant stopped work and refused to continue. The plaintiff brought suit. The trial court found in favor of the defendant. The plaintiff appealed.

Rule of Law

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Issue

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Holding and Reasoning (Loiselle, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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