McArthur Brothers Co. v. United States, 258 U.S. 6 (1922)

APPEAL FROM THE COURT OF CLAIMS

Syllabus

Claimant contracted with the government to construct a portion of a canal, both parties assuming that part of the work could be done "in the dry," and the specifications so providing, but, owing to leakage through an adjacent pier constructed by a different contractor, all the work had to be done "in the wet" at increased cost. The conditions were as open to claimant as to the government; claimant was expected to and did visit the site and inform itself before making its bid, and its contract provided that the quantities in the specifications were approximate only, that no claim should be made against the United States on account of any excess or deficiency, absolute or relative, thereof, nor any allowance be made for failure of the contractor to estimate the difficulties correctly, that the expense of coffer dams, pumping plant, and pumping to unwater all areas to be worked "in the dry" should be an incident of the general work, and no special payment be made therefor, and that the United States assumed no liability whatsoever for loss of property or time due to failure of any part of the coffer dams, dikes, or pumping plant. Held that there was no misrepresentation by the United States that any part of the work could be done "in the dry," and that claimant could not recover. P. 9.

55 Ct.Clms. 181 affirmed.

Appeal from a judgment of the Court of Claims dismissing appellant’s second amended petition upon demurrer.