Dales Service Company v. Garlin J. Jones

O. K. Car Wash, Inc., third party defendant and respondent (hereinafter O. K. or landowner) engaged the services of Dales Service Company, Inc., plaintiff, counter-defendant and respondent (hereinafter Dale or general contractor) for the construction of a car wash facility, called the O. K. Car Wash, on a site which O. K. owned at the southwest corner of Overland and Orchard Streets in Boise. A contract was executed between O. K. and Dale on April 19, 1971, under which Dale was to build this facility for O. K. at the "turn key" price of $59,500. Dale was responsible for the construction of the sidewalks, curbs and gutters as called for in the plot plan. It was also responsible for the installation of the foundations, footings, concrete work, electrical work, sewer, sprinkler system, fill material and paving in accordance with the plans and specifications submitted to it by O. K. Dale retained the services of Garlin J. Jones and Emmett Todd, doing business as T & J Contractors, defendant, counter-claimant, third party plaintiff and appellant (hereinafter T & J or subcontractor) as a subcontractor to furnish and compact earth fill at the car wash site for $4,500. An agreement was entered into between Dale and T & J dated April 22, 1971 on a standard contract form provided by the American Institute of Architects for agreements between subcontractors and contractors. The dispute before this Court concerns claims and counterclaims arising out of this purported subcontractual agreement between Dale and T & J.