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REED & MARTIN, INC. v. CITY AND COUNTY OF HONOLULU

No. 4611.

440 P.2d 526 (1968)

REED & MARTIN, INC., an Alaska corporation v. The CITY AND COUNTY OF HONOLULU, a Hawaii corporation.

Supreme Court of Hawaii.

May 1, 1968.

Attorney(s) appearing for the Case

Henry N. Kitamura, Deputy Corporation Counsel (Stanley Ling, Corporation Counsel, and William H. Yim, Deputy Corporation Counsel, Honolulu, on the briefs), for defendant-appellant.

Asa M. Akinaka, Honolulu (Padgett, Greeley, Marumoto & Akinaka, Honolulu, of counsel), for plaintiff-appellee.

Before RICHARDSON, C.J., MIZUHA, ABE, and LEVINSON, JJ., and Circuit Judge KING in place of MARUMOTO, J., disqualified.

ABE, Justice.

This suit was filed by Reed & Martin, Inc., (hereinafter called "Contractor") against the City and County of Honolulu (hereinafter called "City") for additional payment of $29,570.24 for 3,495.3 cubic yards of unclassified excavation under a public construction contract.

The sole issue is whether the excavation in question should be paid under item No. 3 or item No. B-1 of the bid schedule, to wit:

Item         Work or       ...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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