American Pipe & Construction Co. v. Harbor Construction Co.

On January 17, 1955, the city of Anacortes advertised for bids for the purchase of pipe and other supplies for the city’s proposed new water supply system. According to the specifications, delivery was to begin on March 7th and to be completed by May 7th, and bidders were also advised that delivery was of utmost importance because, under a contract between the city and Shell Oil Company, the city was obliged to deliver water to the latter’s new refinery, which was scheduled to open on June 1, 1955. American Pipe and Construction Company, hereafter referred to as the pipe supplier, was the…