Joseph Meltzer, Inc. of New Jersery v. United States

MADDEN, Judge.

The plaintiff made a contract on December 1, 1933, to construct for the Government Lock 21 in the Mississippi River, near Quincy, Illinois. The plaintiff sues under the general jurisdiction of the court, and, as to certain of its claims relating to labor, under the Act of July 23, 1937, 50 Stat. 533.

The first item of the plaintiff’s claims relates to the collapse of its cofferdam, which entailed great additional costs and delay. As to this claim the plaintiff’s po sition is that it encountered a subsurface and latent condition which materially differed from what was expected…