A contractor sought payment for remedial road repairs following settlement of municipal sewer trench backfill completed under contract with a municipality.
The contractor alleged the work was extra to the contract and alternatively claimed compensation on a quantum meruit or unjust enrichment basis, asserting that native soil specified for backfill was too wet to compact properly.
The municipality maintained that settlement resulted from insufficient compaction at the lower levels of the trench and that the contractor was contractually responsible for remediation at no additional cost.
The court accepted expert evidence that settlement was caused by poorly compacted backfill and found the contractor failed to prove unsuitable soil or any oral agreement for additional compensation.
The court held the remedial work was required due to deficiencies in the contractor’s work.
