Loftis v. United States

LITTLETON, Judge.

Plaintiff brought this suit under a unit price contract with defendant to recover additional compensation in the total amount of $904,390.98 which he alleges became due him under the terms of the equitable adjustment provisions of Article 4 of the contract, quoted in finding 21. It is claimed that this amount, computed at $1.50 per cubic yard as a fair price for certain excavation, less 37 cents per cubic yard paid, should be allowed by reason of unknown and latent subsurface conditions encountered during performance of the contract which necessitated a large amount of…