Jbr Contractors, Inc. v. E & W, LLC

Summary

The Court affirmed the judgment for E&W, holding that the parties modified their initial cost-plus contract into a fixed-price contract and that the modification was supported by consideration. JBR received consideration because the fixed-price arrangement gave it an opportunity to earn more than 33% above its costs and relieved it of proving its actual costs. The Superior Court's factual findings were supported by the record, and its legal conclusions were correct.