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· 12/10/1987

Stuyvesant Dredging Company v. The United States

Citations

  • 834 F.2d 1576
  • 34 Cont. Cas. Fed. 75,414
  • 1987 U.S. App. LEXIS 742
  • 1987 WL 21093

How courts have described this case

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

  • explaining that design specifications permit no deviations, whenever performance specifications afford contractor discretion to determine how results shall be achieved
  • noting that “[government estimates are not warranties,” and finding that a contract “provision setfting] forth the ‘total estimated quantity of material necessary to be removed from the prescribed [area]’ ... do[es] not rise even to the level of [an] estimate[ ].”
  • noting that “government estimates are not warranties,” and finding that a contract “provision set[ting] forth the ‘total estimated quantity of material necessary to be removed from the prescribed prism’ ... do[es] not rise even to the level of estimate[ ]. ”
  • considering claim that \specifications were defective\ in addition to differing-site-conditions claim
  • performance specifications “leave it to the contractor to determine how to achieve [the results to be obtained]”
  • “Detailed design specifications contain an implied warranty that if they are followed, an acceptable result will be produced.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Markey, Friedman, Rich

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.