Does a contractor have to obtain rock or gravel from a quarry in order to meet the specifications of a construction contract?

California, United States of America


The following excerpt is from Wunderlich v. State ex. rel. Dept. of Public Works, 423 P.2d 545, 50 Cal.Rptr. 151 (Cal. App. 1966):

In the case of United States v. Johnson (9 Cir.1946) 153 F.2d 846, the specifications with respect to the construction of a highway contained the following paragraph: 'Sources of Supply. Gravel for crushing is available approximately 0.5 mile right of Station 870 and rock for crushing is available approximately 0.3 mile right of station 1239. Unless otherwise specifically approved in writing by the engineer only materials from the above sources shall be used for crushing. Additional filler that may be necessary to meet the required grading shall be obtained rom sources approved in writing by the engineer.' In undertaking the performance of the work under the contract the contractor discovered that there was soft rock beneath the surface of the quarry.

Other Questions


What is the current state of the law on interim protection for construction contractors in the event that a contractor loses a claim against a construction loan? (California, United States of America)
Can a general contractor force a subcontractor to submit their bid for a public contract before the general contractor has awarded the public contract? (California, United States of America)
Does a contractor owe a duty to the owner of a building where there is a contractor engaged in work for which the owner has contracted? (California, United States of America)
When a judgment of divorce is not self-executing in respect of any division of property ordered, does the court have jurisdiction to make further orders to compel obedience to the order? (California, United States of America)
When will a judge reverse an order requiring the mother to obtain a temporary restraining order? (California, United States of America)
What is the applicable statute of limitations for a claim for constructive fraud, breach of contract and constructive fraud? (California, United States of America)
What are the consequences of a contract where the contract does not specify a specific amount of damages? (California, United States of America)
In what circumstances will a judge order a motion to set aside a previous order in the administration of the same estate after the same order has become final? (California, United States of America)
Is there an arguable issue in an order requiring an attorney to produce an affidavit in support of a motion to obtain an interim order for Palacio? (California, United States of America)
If a restraining order is renewed automatically, is the mere issuance of the original restraining order sufficient to trigger the renewal of the restraining order? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.