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MILLGARD CORP. v. McKEE/MAYS

No. 94-10066.

49 F.3d 1070 (1995)

MILLGARD CORP., Plaintiff-Appellee, Cross-Appellant, v. McKEE/MAYS, A Joint Venture, Defendant-Third-Party Plaintiff-Appellant-Appellee, Cross-Appellee, v. DALLAS COUNTY and The Commissioners' Court of Dallas County, Third-Party Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

March 31, 1995.

Attorney(s) appearing for the Case

Steven Kennedy, Joe F. Canterbury, Jr., Stanley W. Curry, Jr., Canterbury, Stuber, Pratt, Elder & Gooch, Dallas, TX, for appellant McKee/Mays.

Robert E. Luna, Melinda D. Blackwell, Dallas, TX, for appellant Dallas County.

Robert Lewis Meyers, III, Jennifer Ruth Brandeis, Deborah R. Eberts, Jones, Day, Reavis & Pogue, Dallas, TX, for appellee.

Before HIGGINBOTHAM, SMITH and STEWART, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This Texas diversity case raises the familiar question of a price adjustment to a construction contract. Here a subcontractor encountered wet soil while sinking piers for a foundation. A soil report accompanying the bid documents signaled dry soil, but the bid documents stated that this soil report was not part of the contract documents. A provision in the subcontract allowed for price adjustment if the subcontractor encountered...

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