Stark Excavating v. Carter Construction Services

Subcontractor filed suit for breach of contract against general contractor for nonpayment of extra work for winter protection of worksite and for authorized extras and retainage, and for recovery of winter protection costs. Questions of fact exist as to whether contractor implicitly ordered subcontractor to do winter protection work if necessary to do job in workmanlike manner. Question of fact exists as to whether winter protection work was necessary, although it was outside scope of contract. Quasi-contractual recovery for winter protection work is possible, as payment for it was expressly excluded from contract. (POPE, concurring; TURNER, concurring in part and dissenting in part.)