Washington Construction Co., Inc., a Corporation of New Jersey, Plaintiff-Respondent v. Michael Spinella…

Summary

The Supreme Court of New Jersey affirmed the lower courts' judgment, holding that under the cost‑plus‑percentage contract the phrase “cost of construction” includes the cost of labor, the materials actually used in the building and the materials purchased and on site for the project, so the contractor is entitled to the agreed 10% profit on that total, including the value of unused materials.