Wright v. City of Tacoma

Citations

• 87 Wash. 334
• 151 P. 837
• 1915 Wash. LEXIS 923

Syllabus

<p>Municipal Corporations — Public Improvements — Contracts'— Exhaustion of Fund—Remedies of Contractor. Where, by the contract, payment for the construction of a pipe line for city waterworks was limited to a special fund to be created by the issuance of warrants for the estimated cost, together with a specified sum from the annual gross earnings of the water plant, the exhaustion of the fund does not bar the contractor from recovering judgment against the fund for the amount due him on his contract.</p> <p>Same—Contracts—Demurrage—Waiver by City. Where, after a contract for the construction of a pipe line for city waterworks was completed, the city paid the sum of $71,444, as the amount admitted to be due, without making any claim for liquidated damages as demurrage for failure to complete the work on time, the claim for demurrage is waived, and cannot be offset against the contractor’s claim for extras.</p> <p>Appeal — Preservation of Grounds — Exceptions to Findings— Sufficiency. A specific exception to each of the findings by number, which directs the attention of the court thereto, is sufficient to secure a review on appeal, although the exception is general in nature, and part of the facts stated are admitted.</p> <p>Municipal Corporations — Public Improvements — Contracts— Extras—Radical Change in Plans. Under a contract for the construction of a pipe line for city waterworks, providing for extra pay in case any work or material not prescribed in the plans and specifications shall be ordered by the city, there is a material or radical change in the contract entitling the contractor to the extra compensation, where, for a distance of approximately five miles in a detour around a mountain, the route was changed to pass on the opposite side of the mountain, at one point a mile distant from the original route, and along a railroad right of way and cut, over a high divide, requiring excavation of a hill and a deeper trench, requiring two “lifts” instead of one an