John Arborio, Inc. v. United States

Plaintiff brings this suit to recover for alleged underpayment on two items of work involved in its performance of a contract for the construction of Stewart Field Auxiliary Airport, site No. 1, Montgomery, Orange County, New York. It is sought to recover the difference between the ditching price of $1.20 per cubic yard and the borrow or common excavation price of 45 cents or 35 cents per cubic yard for some 70,605 cubic yards of material falling between the ditch lines of the east ditch projected from final field grade upward to original field grade.

Plaintiff also sues to recover the…