· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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