Question
Robert Chuckrow Construction Company (Chuckrow) was employed as the general contractor to build a Kinney shoe store. Chuckrow employed Ralph Gough to perform the carpentry
Robert Chuckrow Construction Company (Chuckrow) was employed as the general contractor to
build a Kinney shoe store. Chuckrow employed Ralph Gough to perform the carpentry work on
the store. The contract with Gough stipulated that he was to provide all labor, materials, tools,
equipment, scaffolding, and other items necessary to complete the carpentry work. Gough's
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 it was not due to
Chuckrow's fault or a deficiency in the building plans. Chuckrow told Gough that he would pay
him to re-erect the 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 re-erecting the
trusses.
my question is, If Gough sued Chuckrow for this expense. can Gough recover?
(Robert Chuckrow Constr. Co. v. Gough, 159 S.E.2d 469 (Ga. Ct. App. 1968).)
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