Phillips

Burnett & Doty Development Company sued C. S. Phillips and Fidelity & Deposit Company of Maryland, alleging failure on the part of Phillips to complete contracted-for work on a residential development being constructed by Burnett & Doty. Fidelity & Deposit Company of Maryland was sued as surety on Phillips’ performance bond. Phillips cross-complained against Burnett & Doty, alleging that balances were due on the contract and for contract “extras.” A bench trial resulted in a judgment in favor of Burnett & Doty on its complaint against Phillips and Fidelity in the amount of $33,707; this amount was reduced by a set-off in the amount of $22,365 awarded to Phillips on the cross-complaint. Both sides have appealed; we affirm the judgment.

In 1972, Burnett & Doty began the development of a subdivision in Windsor known as Park Glen Subdivision. By written contract with Burnett & Doty, Phillips undertook to perform site work on the project. This work included clearing and grubbing, rough earth work, sewers, storm drains, initial base rock, curbs, gutters and sidewalks, base rock on streets, street paving, fire hydrants, street monuments and signs, and the placement of rip rap,…