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SCHUTT CONSTRUCTION CO., INC., GENOA, WIS. v. UNITED STATES

Cong. No. 3-59.

353 F.2d 1018 (1965)

SCHUTT CONSTRUCTION COMPANY, INC., GENOA, WISCONSIN, for itself and on Behalf of Its Subcontractor Yellow Pine Lumber Company, Chipley, Florida, and Said Subcontractor's Successor, Tri-States Contracting Company, Inc., Chipley, Florida, v. The UNITED STATES.

United States Court of Claims.

December 17, 1965.

Attorney(s) appearing for the Case

Warren Magee, Washington, D. C., for plaintiff; Hans A. Nathan, Washington, D. C., attorney of record; Millard F. Caldwell, Tallahassee, Fla., of counsel.

Frances L. Nunn, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

Before COWEN, Chief Judge, LARAMORE, DURFEE and COLLINS, Judges, and JONES, Senior Judge.

JONES, Senior Judge.

The primary issue in this case is whether, under the facts here involved, an excavating contractor is equitably entitled to reimbursement for a 15 percent overrun in the amount of trees and brush cleared under a lump-sum contract.1

On June 1, 1953, the Army Corps of Engineers solicited lump-sum bids for clearing all the trees and brush along a 20-mile stretch of the Cumberland River near Nashville, Tennessee...

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