Jack B. Parson Construction Company V‪.‬

Plaintiff initiated these proceedings in the District Court of Salt Lake County, wherein it seeks to recover a sum it claims due on a construction contract entered into with the state of Utah. Under the terms of the contract, the plaintiff undertook to surface the highway known as Interstate 80 between Wendover and Knolls. The contract between the parties is a "unit price" contract, wherein the plaintiff submitted a proposal which contained the unit price per item based on the quantities specified in the States proposal. The contract was for an original amount of $2,773,828.80. The contract entered into contained various specifications. Section 104.02 which deals with the problem in this case is as follows: