Brian Construction and Development Co. v. Brighenti

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Brian Construction and Development Co. v. Brighenti
Court Supreme Court of Connecticut
Citation 176 Conn. 162, 405 A.2d 72 (1978)
Date decided 1978

Relevant Facts

The plaintiff was a contractor, and the defendant a subcontractor. The plaintiff hired the defendant to complete some excavation work at a construction site and remove some debris and other things. Once the work began, the parties realized that there was much more work to be done than their agreement had considered, due to buried basement walls. The removal of the new found debris was necessary for the project to continue, so the plaintiff and defendant verbally agreed that the defendant would remove such material for additional compensation. They came into this agreement, despite the lack of authorization from the owner and representatives of the site. The defendant decided to quit the work after some time, and the plaintiff sued for breach of contract.


Procedural History

The defendant counterclaimed, and judgment for the defendant on the plaintiff’s suit and judgment for the plaintiff on the defendant’s counterclaim. Plaintiff appealed.


Issues

Whether a subsequent oral agreement made after an initial contract due to unforeseen circumstances constitutes an additional binding contract.


Holding/Decision

Judgment for the plaintiff, because the additional contract was valid.


Reasoning

As long as there is sufficient compensation for the additional work to be done, the subsequent contract is legally binding.