The plaintiff excavation contractor brought a construction lien claim against the defendant developer for unpaid contract work and extras.
The primary dispute was whether the plaintiff was entitled to charge extra for disposing of contaminated soil, which the defendant argued was included in the fixed contract price.
The court found that the defendant's agent had represented the soil as clean and that the parties had agreed to an extra charge of $47 per metric tonne for contaminated materials.
The court awarded the plaintiff $523,241.99 for the extras, finding the defendant liable for the increased disposal costs and other authorized scope changes.
