Robert Chuckrow Construction Company (Chuckrow) was employed as the general contractor to build a Kinney Shoe Store. Chuckrow emplyed Ralp Gough to….
Robert Chuckrow Construction Company (Chuckrow) was employed as the general contractor to build a Kinney Shoe Store. Chuckrow emplyed Ralp Gough to perform the carpentry work on the store. The contract with Gough stipulated that he was to provide all labor, amterials, tools, equipment, scaffolding, and other items necessary to complete the carpentry work. Goughs employees erected 38 trusses at the job site. The next day, 32 of the trusses fell off the building. The reason for the trusses having fallen was unexplained, and evidence showed that it was not due to Chuckrows fault or a deficiency in the building plans. Chuchrow told Gough that he would pay him to reerect that trusses and continue work. When the job was complete, Chuckrow paid Gough the original contract price but refused to pay him for the additional cost of reerecting the trusses. Gough sued Chuckrow for this expense. Can Gough recover?