(Download) "R.E. Bean Construction Co. v. Middlebury" by Supreme Court of Vermont * eBook PDF Kindle ePub Free

eBook details

Title: R.E. Bean Construction Co. v. Middlebury
Author : Supreme Court of Vermont
Release Date : January 24, 1980
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

This case involves the same construction project that was the subject of Pike Industries, Inc. v. Middlebury Associates, 136 Vt. 588, 398 A.2d 280 (1979), affd after remand, 140 Vt.__, 436 A.2d 725 (1981) (decided this day). R. E. Bean Construction Co. was the general contractor retained by Middlebury Associates and Middlebury Developers, Inc., here treated as a single entity (Middlebury), to build a shopping center on Route 7 in the Town of Middlebury. Basically, their contract provided that, for a fee, Bean would provide for the building of the shopping center at a specified maximum cost to Middlebury. Any savings on that cost were to be shared. Changes in the development were permitted at cost plus ten percent. The contract further provided for the arbitration of disputes arising from it under the American Arbitration Association Construction Industry Rules. Bean in turn entered into numerous subcontracts for completion of the work. In the fall of 1974 a dispute arose between Bean and Middlebury relating to their contractual obligations. Basically, Bean contended that Middlebury had breached its obligation to make progress payments and Middlebury asserted that Bean had failed to make adequate progress reports.