Legal Opinion

Atlantic Dredging Co. v. United States

United States Court of Claims

Decided June 3, 1918No. 33240PublishedCited by 5 opinions

The Reporter’s statement of the case: Defendants’ contentions are that the material did not differ to an unreasonable extent from what it was indicated to be in the specifications; that plaintiffs were expressly required to make their own investigation of the material to be dredged and specifically informed that no allowance would be made by the failure of the contractor to estimate correctly the difficulties attending the execution of the work; that they were allowed ample…

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The Reporter’s statement of the case: Defendants’ contentions are that the material did not differ to an unreasonable extent from what it was indicated to be in the specifications; that plaintiffs were expressly required to make their own investigation of the material to be dredged and specifically informed that no allowance would be made by the failure of the contractor to estimate correctly the difficulties attending the execution of the work; that they were allowed ample time within which to make such investigation; that the description of the material in the specifications was expressly…

1Opinion of the CourtHat, Judge

On December 18, 1912, the plaintiff entered into a contract with the defendants whereby it agreed to dredge to a depth of 35 feet below the plane of mean low water a certain section of the Delaware Eiver, designated as lower end of Mifflin Eange, Connecting Eange, and upper end of Tinicum Eange. The width of said dredging was to be 800 feet in the straight parts and 1,000 feet in the bends. The plaintiff was to receive for its work 0.1299 cents per cubic yard, scow. measurement.

The specifications, which were made a part of the contract, stated that the material to be removed is believed to…

2Cases cited6 opinions

  1. Hollerbach v. United StatesSupreme Court of the United States · 1914
  2. Christie v. United StatesSupreme Court of the United States · 1915
  3. United States v. Utah, Nevada & California Stage Co.Supreme Court of the United States · 1905
  4. Simpson v. United StatesSupreme Court of the United States · 1899
  5. Atlantic Dredging Co. v. United StatesUnited States Court of Claims · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Morrison-Knudsen Company, Inc. v. The United StatesUnited States Court of Claims · 1965
  2. Morrison-Knudsen Co. v. United StatesUnited States Court of Claims · 1965
  3. Woodcrest Construction Company, Inc. And the Home Indemnity Company, as Completing Surety v. The United StatesUnited States Court of Claims · 1969
  4. Nicholson v. United StatesUnited States Court of Federal Claims · 1993
  5. Woodcrest Construction Company, Inc. And the Home Indemnity Company, as Completing Surety v. The United StatesUnited States Court of Claims · 1969

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