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D2 EXCAVATING v. THOMPSON THRIFT CONSTRUCTION

No. 19-40745.

973 F.3d 430 (2020)

D2 EXCAVATING, INCORPORATED, Plaintiff-Appellee, v. THOMPSON THRIFT CONSTRUCTION, INCORPORATED; Fidelity and Deposit Company of Maryland, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED September 2, 2020.

Attorney(s) appearing for the Case

Sara S. Murray , Langley & Banack, Incorporated, William W. Sommers , Gardner Law Firm, Philip Collier , San Antonio, TX, for Plaintiff-Appellee.

Marc James Ayers, Esq. , Stanley Blackmon , Bradley Arant Boult Cummings, L.L.P., Birmingham, AL, for Defendants-Appellants.

Before Stewart, Clement, and Costa, Circuit Judges.

Contracts do not always turn out the way a party expects. Sometimes it takes less time or money to perform than anticipated; other times it takes more. This case is of the latter variety. A subcontractor doing excavation work ended up having to remove a lot more dirt from the...

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