Hunkin Conkey Construction Co. v. United States

Plaintiff, the Hunkin Conkey Construction Company [hereinafter referred to as either the contractor or plaintiff], entered into Contract No. DA-36-058-CIVENG-62-109 on October 16, 1961 with the United States, acting through the Army Corps of Engineers. The contract provided, inter alia, that the contractor would furnish all labor, materials and equipment, except for certain Government-furnished property, and perform all work necessary for the construction of Kinuza Dam, to be located on the Allegheny River in northern Pennsylvania.

During performance of the contract, it was discovered that the…