Robert Chuckrow Construction Co. v. Gough

Feb 09, 2012

1. Case Title: Robert Chuckrow Construction Co. v. Gough

2. Citation: 117 Ga. App. 140; 159 S.E.2d 469; Year decided: 1968

3. Facts: This case was originally heard at Fulton Civil Court before Judge Webb. Ralph Gough of Gough Construction Company originally filed suit against Robert Chuckrow Construction Company, Inc., on an alleged oral contract. The written contract contained the following provisions: "Subcontractor hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatsoever . . . to all property caused by, resulting from, arising out of, or occurring in connection with the execution of the work provided for in this contract." Gough's employees had erected approximately 38 of the trusses on May 15, 1965, when 32 of them fell off the building. On the following Monday, Gough was told by the defendant's representative to remove the fallen trusses from the building, disassemble, inspect, rebuild, and re-erect them. He proceeded to remove the trusses that fell, inspect, rebuild where necessary and re-erect them. He also erected the balance of the trusses required to complete the roof truss structure and completed the carpentry work on the project. He was paid by the defendant all sums owed under the written contract of April 30, 1965, together with all charges for extra work except for the costs incurred by him in connection with the fallen trusses. On direct examination, Gough stated he had a contract for furnishing the labor and the equipment for the erection of the roof. On cross examination, he testified that the trusses fell; that it was his responsibility under the contract of April 30, 1965, to erect the trusses; that only his employees and no others were on top of the trusses at the time of the collapse; that he did not know what caused the trusses to fall; that the fallen