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specific legal issue before us, and, accordingly, this matter is
ripe for judgment on the contested issue as a matter of law. See
Rule 121(b).
Background
Petitioner was organized pursuant to the laws of the State
of California on June 15, 1981. At the time its petition was
filed, petitioner’s principal place of business was in Sylmar,
California.
Petitioner is a general contractor in the construction
industry for public works projects, including highways and
government-owned buildings, and large-scale private developments,
such as office towers. Petitioner enters into contracts either
on a fixed price basis or on a cost-plus basis. All of the
contracts in issue in this case are fixed price contracts. In a
fixed price contract, contractors formulate their bids on the
basis of the information contained in the architectural and
engineering drawings, designs, and geological reports provided by
the contracting agency. Due to changes in drawings or designs,
customer-caused delays, errors in the specifications of the
drawings, designs, or reports, or other unanticipated delays,
additional work by the contractor is commonly required to
complete the job satisfactorily.
The contracts in question obligate petitioner to complete
the job, and if it failed to do so, petitioner would be liable to
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