Legal Opinion
A. J. Baltes, Inc. v. Department of Highways
West Virginia Court of Claims
Decided September 14, 1979No. D-1002PublishedCited by 3 opinions
1Opinion of the Court
WALLACE, JUDGE:
The claimant filed its claim for an equitable adjustment against the respondent in the amount of $1,393,814.53 for costs incurred in the execution of its contract with the respondent, which costs were due to excessive and unforeseen subsurface material that was unsatisfactory for use as embankment foundation.
The claimant was the successful bidder on respondent’s project 483(15). This project was for the construction of a portion of what is now Route 48, and covered approximately 2 1/2 miles of road in the mountains of Preston County, West Virginia, in the vicinity of Cooper’s…
2Cases cited15 opinions
- United States v. Blair Ex Rel. Roanoke Marble & Granite Co.Supreme Court of the United States · 1944
- United States v. RiceSupreme Court of the United States · 1942
- Laburnum Construction Corporation v. The United StatesUnited States Court of Claims · 1963
- United States v. Howard P. Foley Co.Supreme Court of the United States · 1946
- United Contractors, a Co-Partnership Consisting of James E. Ward, Elkin Morris and Andrew J. Dickies v. The United StatesUnited States Court of Claims · 1966
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3Cited by3 opinions
- J. F. Allen Co. v. Department of HighwaysWest Virginia Court of Claims · 1981
- L.G. De Felice, Inc. v. Department of HighwaysWest Virginia Court of Claims · 1983
- Lane Construction Corp. v. Department of HighwaysWest Virginia Court of Claims · 1989