Lane Construction Corp. v. Brown & Root, Inc.
29 F. Supp. 2d 707 | District Court, E.D. Virginia | 1998
Holding Summary
A general contractor's undisclosed side letter acknowledging anticipated design changes cannot override the prime contract's fixed-price terms or the lender's explicit requirement for no scope changes, and the contractor cannot recover for changes it concealed from lenders and subcontractors.
Brown & Root acquiesced in this decision and entered into the Policy and Procedures side letter in an attempt to protect itself, all the while concealing from the lenders its expectation that design changes would occur.
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