Irwin v. United States

By a contract with the Veterans’ Administration the plaintiffs undertook the construction of a hospital building at Bath, New York. It was an undertaking involving a consideration of $741,800.

The major claim is for excess costs, arising through an allegedly unwarranted prolongation of the time of performance.

Performance was in fact delayed because of difficulties encountered in driving satisfactory piling for the foundations. Actual driving of the piles uncovered subsurface conditions not hitherto known. The specifications described the type of pile to be used, and the routine of driving the…