McKay Construction Co. v. Ada County Board of County Commissioners

**McKay Construction Co. v. Ada County Board of County Commissioners (1975)** This case involved a dispute between McKay Construction Company and Ada County over a waste processing contract. McKay had an agreement to process up to 360 tons of waste per day for the county. However, the county required McKay to handle significantly more waste than the contract specified. When McKay sought payment for the extra work, the county refused to pay, and the matter went to court. The Idaho Supreme Court ruled in favor of McKay Construction. The court found that even though the original written contract only covered 360 tons per day, McKay was entitled to compensation for the additional waste processing work. The court applied "implied contract theory," meaning that when the county asked for extra work and McKay performed it, this created an unwritten agreement that McKay should be paid for that work. The court also criticized the lower court for improperly excluding expert witness testimony. **What this means for workers:** This ruling establishes an important principle that employees and contractors can be compensated for work performed beyond their original job requirements, even without a written agreement, when the employer requests or accepts that additional work.