City of San Antonio v. Heath & Stich, Inc. (567 S.W.2d 56, 1978)

OPINION

JAMES, Justice.

This case involves the construction of a written contract. Plaintiff-Appellee Heath and Stich, Inc., (hereinafter called “Contractor”), brought this suit against Defendant-Appellant City of San Antonio for specific performance of a public works contract calling for construction of a project known as “Nogalitos Storm Drainage Project No. 42.” The contract, dated April 14, 1975, by definition consisted of the contract instrument proper, the plans, specifications, contract bonds and change orders.

Part of the work contemplated by the contract consisted of cutting up and excavating the existing pavement of several blocks of Nogalitos Street in the City of San Antonio, Texas. On or about June 3, 1975, the Contractor while digging up said pavement discovered that underneath the asphalt surface of the street was a concrete slab or base about six inches in thickness covering the entire length and breadth of that portion of Nogalitos Street included in the project. Learning this, the Contractor wrote a letter to the City dated June 6, 1975, advising the City that the Contractor expected to be paid for the cutting up and removal of this concrete base covering No-galitos Street under Pay Item No. 103-B of the Project Specifications, entitled, “Remove Concrete Slab,” same being at the bid unit price of 63