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Stratton & Stricker is the Plaintiff in this case and Little City is the Defendant.
During 2014 and 2015 Plaintiff Stratton & Stricker Engineering was engaged as the general contractor in a project to pave one mile of municipal streets in Little City, Michigan. Services were to be performed pursuant to a written contract between the parties.
This agreement provided for paving additional widths, gutters, curbs, etc., in the streets of Defendant City. However, as paving commenced, 965.16 feet of valley gutter was constructed 30 inches in width instead of 18 inches as provided in the written contract.
This resulted in a charge for extra work and material totaling $9877.89. While Defendant paid in full the balance claimed by Plaintiff, it declined to pay the 9877.89. The City argued it did not order this extra work or by any person authorized to do so in its behalf.
At trial, the following testimony was given by the A.J. Smith, the President of Plaintiff's Company (on cross examination after being questioned by Defendant's attorney).
Q. When changes needed to be made to the original specifications in the contract, who approved those additions?
Q. Mr. Parker, the highway engineer for the State?
So, should the City be required to pay the extra $9877.89 in charges?