Plaintiff (hereinafter Helmer) and defendant school district (hereinafter Tri-Valley) entered into a contract whereby Helmer agreed to construct a new elementary school for Tri-Valley. A dispute arose during the course of construction between Helmer and the architect as to whether material excavated at the construction site was satisfactory, or whether off-site material was required, for use as backfill. The architect decided that the excavated material was suitable and disapproved...
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