James Julian, Inc. v. Central Delaware County Authority

GRIM, Senior Judge.

This is an action by a construction contractor for damages it claims to have sustained in building a sewer for defendant under a contract awarded to plaintiff under competitive bidding. Plaintiff claims to have suffered damages on the ground that defendant misrepresented the condition of the subsurface where the work was to be done and that hence plaintiff’s actual costs for doing the work were much higher than defendant led it to believe. Defendant has moved to dismiss plaintiff’s complaint for failure to state a claim upon which relief can be granted.

The contract is a…