Electric Controls and Service Co., Inc. - Page 3

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          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.                    




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