International Contract Co. v. City of Seattle

Citations

• 70 Wash. 504
• 127 P. 115
• 1912 Wash. LEXIS 1075

Syllabus

<p>Municipal Corporations — Public Works — Contract — Extras— Construction and Operation. In a contract for the construction of a concrete lining for a city reservoir, the contractor cannot recover for redressing the bottom, as an extra, where the work consisted largely of excavation, and no redressing was necessary when the contract was let, but became so by the action of the elements, and the contract provided that no claim for extras should be made for losses or damages arising from the action of the elements, and required the contractor to make such excavation as may be necessary to bring the surface to a true form and grade, to be paid for by the cubic yard as excavation, and not as redressing.</p> <p>Same — Extras — Supplemental Agreement — Construction and Operation. Where a contract for the construction of a concrete lining for a city reservoir provided for redressing slopes only when necessary in the opinion of the city engineer, a supplemental agreement between the contractor and the city engineer by which the contractor was granted certain concessions, and redressing certain slopes was to be obviated by the filling of eroded gullies with concrete at a certain price, the supplemental agreement is a complete defense to a claim for extras in redressing the slopes, where the evidence failed to show that the city engineer had requested such redressing, but had insisted that the matter was covered by the supplemental agreement.</p> <p>Same — Exteas—Allowance. In such, a case, extras cannot he allowed for excess concrete used in the sides of the slopes covered in the supplemental agreement; but should be allowed for excess concrete admittedly used in the bottom, which was not covered in the supplemental agreement.</p> <p>Same. In such a case, extras cannot be allowed for concrete placed in the bottom of the reservoir in excess of the thickness required by the contract, where the matter was in controversy and the subject of negotiations, which resulted in the acc