Essary v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the contractor must prove liability, causation, and resultant injury by a preponderance of the evidence
• stating that “contra proferentum comes into play only if the non-drafting party’s interpretation of the contract is reasonable.”
• stating that “the only way to accurately assess the effect of the delays alleged ... on the ... project’s progress is to contrast updated CPM schedules prepared immediately before and immediately after each purported delay”
• declining to apply the mirror-image rule upon the basis that there was no evidence that the con tracting officer had considered the counterclaim
• “[S]ubstantial completion need not, and ordinarily does not, amount to total completion.”

Source: CourtListener parenthetical corpus (CC0).