52 Ct. Cl. 447 | Ct. Cl. | 1917
reviewing the facts found to be established, delivered the opinion of the court:
This is a suit brought by the plaintiff to recover from the defendant the sum of $8,011.58, alleged to be due the plain
The specific work to be done under the contract was to deepen to 20 feet two channels “ extending from the turning basin, one to the easterly end of the east basin, and the other to the northerly end of the west basin,” and these channels were to be dredged to such widths, not exceeding 200 feet, as the funds would permit.
The work was begun on or about January 10, 1911, and continued without interruption to March 10, 1911, at which time a flood of great and unusual proportions took place in the rivers which were tributary to Los Angeles Harbor. The result of this flood was that large quantities of silt and other material was washed into the area in which the plaintiff was at work. The claim of the plaintiff is that this extra amount of material which is dredged must be paid for at contract rates by the defendants.
The case turns in part upon the specification attached to and made a part of the contract which provides for the measurement of the material dredged, and payment therefor in accordance with the measurement. The specification under consideration,- or that part of it with which we are concerned, reads as follows:
“As soon as practicable after the completion of the entire work, a final survey will be completed over the area dredged and final payment will be based entirely upon the differences between the soundings in the survey made before beginning work and the final survey. Final payment will include any necessary corrections of deductions made in the monthly payments. Should any shoals, lumps, or ridges be disclosed by the final survey, the contractor may be required to remove them at the regular contract rates.”
Therefore the court will proceed to fix a basis of payment for the work done. It is agreed that the plaintiff dredged (he 67,000 cubic yards of material washed into the area to be dredged by the flood, as well as the 1,041,579 cubic yards of material which were in the area when the work began.
It follows from the foregoing that the plaintiff should have judgment for $6,011.58, and it is so ordered.