- 3 - petitioner a fee of 15 percent in excess of labor and material costs and subcontractor fees. Clinch River had little startup capital and was required to take out lines of credit to finance the mill renovation. Under the October 1987 written contract, total payments due petitioner for renovation of the mill were estimated at $2,730,000, and completion of the renovation was estimated for March 1, 1988. Payments were to be made by Clinch River to petitioner periodically as renovation of the mill progressed, and final payment was to correspond with the completion of the renovation. Not until July of 1988, however, did petitioner complete renovation of the mill, and, by the time the renovation was complete, total payments due petitioner from Clinch River under the cost-plus contract had increased to $5,136,000. Because of the large increase in the costs of renovation over the $2,730,000 that petitioner initially had estimated and because of financial difficulties that Clinch River experienced during renovation of the mill, Clinch River did not make timely payments to petitioner, and both Clinch River and petitioner recognized that Clinch River would have difficulty making the full payment due petitioner for petitioner's renovation of the mill. By letter dated April 18, 1988, petitioner wrote Clinch River and offered to make adjustments in the payments due petitioner from Clinch River for renovation of the mill.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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