(DOWNLOAD) "Gary Excavation Co. v. North Haven" by Supreme Court of Connecticut ~ eBook PDF Kindle ePub Free

eBook details

Title: Gary Excavation Co. v. North Haven
Author : Supreme Court of Connecticut
Release Date : January 17, 1971
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

The plaintiff contracted with the defendant town and its sewer commission, hereinafter referred to as the defendants, for the construction of sanitary sewer laterals. The contract contained a [160 Conn. 412] provision for the arbitration of any disputed claims which should arise in the course of the performance of the work. A controversy arose from a claim by the plaintiff that it was compelled to incur unanticipated, additional expense in performing the work due to subsoil conditions which, the plaintiff claimed, differed from those contained in the information submitted to it for the purpose of preparing its bid. As provided by the contract, the plaintiff submitted its "Statement of Issues in Dispute,"1 arbitrators were appointed and they conducted hearings. Following the hearings the arbitrators made an award. They found that the plaintiff had established that discrepancies existed between the information furnished by the defendants concerning subsoil conditions and the conditions actually encountered, that as a result the plaintiff had incurred a substantial additional expense beyond that anticipated from the information furnished by the defendants on which its bid was based, that this additional expense due to the conditions encountered amounted to $150,000, and, accordingly, awarded that sum to the plaintiff as additional compensation over and above the compensation provided by the terms of the contract.