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.