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PERINI CORPORATION v. UNITED STATES

No. 228-58.

381 F.2d 403 (1967)

PERINI CORPORATION, Walsh Construction Company, Ralph E. Mills Company, and Blythe Bros. Company, Inc., Bodies Corporate and Joint Venturers, trading under the name of Perini, Walsh, Mills & Blythe Bros. Construction Companies v. The UNITED STATES.

United States Court of Claims.

July 20, 1967.

Attorney(s) appearing for the Case

John W. Gaskins, Washington, D. C., attorney of record, for plaintiffs. Robert H. Burrage, Jr., and King & King, Washington, D. C., of counsel.

Robert R. Donlan, Washington, D. C., with whom was Asst. Atty. Gen., Barefoot Sanders, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

OPINION

COWEN, Chief Judge.

The central issue in this contract case is whether a substantial variation from an estimated quantity in contract specifications constitutes a changed condition within the meaning of the standard Changed Conditions article, when the facts establish that the variation was foreseen by the contractor and should reasonably have been anticipated by the Government. That question, and a host of related ones, have generated protracted...

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