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Chapter 12 cases

Chapter 12 cases - In November Rock Services requested an...

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James Lee Professor Devience BLW 201 Chapter 12 case New England Rock Services, Inc. v Empire Paving, Inc. Facts: On October 26 th , 1995, Empire Paving Inc. entered into a contract with New England Rock Services, who would provide drilling and blasting services. Rock Services was to be paid $29 per cubic yard, with an estimated 5000 cubic yards or on a time and materials basis, whichever was less. Rock Services had a hard time completing the work on time due to an excess amount of water on the site that was to be controlled by Empire Paving.
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Unformatted text preview: In November, Rock Services requested an amendment to the contract to complete the job on a time materials basis and on December 8 th , Empire signed it. Empire refused to pay the balance of $58,686.63. Issue: Was the water on the site considered unanticipated or anticipated. The water on the site was the root problem of Rock Services not being able to perform their job. Decision: The court sided with Rock Services Inc....
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