The appellant appealed a trial judgment regarding adjustments to a construction contract price for additional excavation and haulage costs.
The trial judge held that the adjustments were governed by a specific letter and unit prices in Schedule A, rather than the general work changes provision in Article 12 of the contract.
The Court of Appeal agreed with this interpretation, noting the parties' conduct was consistent with it.
The appellant's argument that compensation should be based on costs plus 10 percent under Article 12 was rejected, as it was not pleaded at trial.
The appeal was dismissed with costs of $10,000 to the respondent.
