Opinion

Sunswick Corporation v. United States

  • 75 F. Supp. 221
  • 109 Ct. Cl. 772
Court
United States Court of Claims
Filed
Jan 5, 1948
Status
Published
Author
Whitaker
On the bench
Howell, Jones, Lit-Tleton, Littleton, Madden, Whitaker
Cited by
32 cases

where Wage Adjustment Board defined substantially all carpentry work as waterfront work, United States must reimburse contractor for increased labor costs

How later courts described this case

  • where Wage Adjustment Board defined substantially all carpentry work as waterfront work, United States must reimburse contractor for increased labor costs

Written by the judges who cited it.

The opinion

WHITAKER, Judge

(concurring).

The specifications in this case stated that $1.25 was the prevailing rate for carpenters. The Wage Adjustment Board found that the prevailing rate for carpenters doing “water front work” was $1.421/2, and not $1.25, and that most of the carpenters on plaintiff’s job were doing “water front work.” As a result plaintiff was required to pay this higher rate.

There was, therefore, a misrepresentation in the specifications as to the prevailing rate for the carpenters on plaintiff’s job. Since plaintiff was compelled to pay the higher rate, I think it is entitled to recover for the misrepresentation, inasmuch as its bid had been made upon the basis of the $1.25 rate. This is so, I think, independent of whether or not the action of the Wage Adjustment Board was a sovereign act.

For this reason I concur.

I am authorized to say that Judge MADDEN agrees with this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.