Provisionally speaking

摘要

Highway contracts typically contain several provisions that come into play in various scenarios which entitle the contractor to a change order. Because the requirements and prerequisites for recovery sometimes vary from provision to provision, arguments occur over which provision applies to a particular event. That was the issue in a recent Minnesota case. Storms, Inc. v, Mathy Constr. Co., 2016 Westlaw 4379391 (Minn. Aug. 17, 2016) involved a road repair project to portions of Highways 44 and 76 in Houston County for the Minnesota Department of Transportation (MnDOT). The prime, Mathy, subcontracted with Storms for excavation work, which was based upon MnDOTs estimated quantities in the prime contract.