The J.H.O. erred in finding that plaintiff is entitled to be paid for the installation of 103 interior decontamination chambers (decons) based on mutual mistake. Plaintiff never pleaded mutual mistake. The J.H.O. raised the issue sua sponte nearly one year after the trial, effectively precluding defendants from offering evidence at trial to demonstrate its absence. In any event, plaintiff did not establish the requisite elements of mutual mistake.
However, the parties...
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