DULUTH-SUPERIOR DREDGING COMPANY, A CORPORATION, v. THE UNITED STATES, 81 Ct. Cl. 912

Summary

Plaintiff contractor and defendant, the U.S. government, executed a contract for the dredging of some channels. Plaintiff excavated a certain number of cubic, but defendant only paid for a smaller amount of cubic yardage, claiming that plaintiff was not entitled to the balance since it represented shoalings which occurred subsequent to the completion of the excavation. Plaintiff sued defendant to recover for the difference. The court found that the contract obligated defendant to pay the contractor at the contract rate for all material actually excavated within the limits of the contract area. The contractor was under no contractual liability other than to perform the work as specified. The contract work was performed and the dredging done within the prescribed limits. Plaintiff was entitled to be paid for the work it actually performed in accordance with the contract.