McGarry Contracting Co. v. Board of Education of New York

The provisions of paragraph 4 (d) of the specifications, as we read them, do not unambiguously cover the plaintiff’s claim for the cost of removal of the old foundation walls. The existence of the old walls in the subjacent land was not a “ difference in the character of earth to be excavated ” and it was to “ such differences in subsoil conditions ” that paragraph 4 (d) was addressed. Nor is it clear enough to us that the old walls were “ obstacles to the securing of a good, solid foundation ” in the sense of paragraph 45 (a) of the specifications.

Moreover, article XXX of the contract…