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International Underwater Contractors, INC (IUC) entered into a written contract with New England Telephone and Telegraph Company (NET) for IUC to assemble and install certain
International Underwater Contractors, INC (IUC) entered into a written contract with New England Telephone and Telegraph Company (NET) for IUC to assemble and install certain conduits under the Mystic River for a lump sum price of $149,680. Delays caused by NET forced IUC's work to be performed in the winter months instead of during the summer as originally bid and as a result a major change had to be made in the system from that specified in the contract. NET repeatedly assured IUC that NET would pay the cost if IUC would complete the work. The change was to have cost NET a total of $811,816.73; nevertheless, IUC signed a release settling the claim for a total sum of $575,000. IUC at the time was in financial trouble, a fact of which NET was fully aware, in large part because NET caused it, by intentionally not paying, with full knowledge they IUC would have to settle for a lesser amount owing to the refusal to pay; IUC now seeks to recover the balance due, arguing that the signed release is not binding because of the circumstances under which it signed. If IUC sue NET, who wins? Why
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