Jahn Contracting Co. v. City of Seattle

Citations

• 100 Wash. 166
• 170 P. 549
• 1918 Wash. LEXIS 1230

Syllabus

<p>Municipal Corporations—Publio Improvements—Contracts—Extra Work—Evidence—-Sueeiciency. A contractor for a sea wall at a specified price per cubic yard cannot recover extra compensation for excavating 3,228 cubic feet of excess yardage, because the plans and profile showed an existing ground line indicating but 580 cubic yards, where the plans and profiles did not show the physical condition at the time and the contractor did not rely thereon, but examined the ground and undertook the work with reference to the existing physical conditions, which were not so concealed that the profile would operate as a representation to be relied upon.</p> <p>Trial—Findinqs. Where there was evidence to sustain a finding, it will not be assumed from a remark of the judge as to doubt on the point that he based his conclusions upon his individual opinions.</p> <p>Municipal Corporations — Public Improvements — Contracts ■— Engineer’s Decisions. Where no change or radical departure was made in the work contracted for, the city engineer’s decision that the contractor was not entitled to extra compensation on account, of more excavation than called for, is final and conclusive, the contract providing that his decision as to the amount of work done should be final.</p>