Foster Construction C. A. And Williams Brothers Company, a Joint Venture, Etc. v. The United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that test pit logs and soil boring logs are recognized as the most reliable and most specific indicator of subsurface conditions
• holding a “contractor is unable to rely on contract indications of the subsurface only where relatively simple inquiries might have revealed contrary conditions”
• stating contractor need not “discover hidden subsurface conditions or those beyond the limits of an inspection appropriate to the time available”
• charging contractor with notice of condition not apparent to bidders on visual inspection of the site but was discoverable through geological studies beyond those bidders had reason to make held erroneous as a matter of law
• “Bidders are thereby given information on which they may rely in making their bids.... ”
• contractor caused additional expense of uncertain amount by misrepresented subsurface conditions in constructing pier

Source: CourtListener parenthetical corpus (CC0).