Carlyle F. Warner, T/a W. Frank Warner Company v. F. H. Martell Company, Inc.

D.C. Circuit

Carlyle F. Warner, T/a W. Frank Warner Company v. F. H. Martell Company, Inc.

239 F.2d 66, 99 U.S. App. D.C. 246, 1956 U.S. App. LEXIS 4128

Court of Appeals for the D.C. Circuit·Decided November 15, 1956·No. 13320·Published

Opinion

PER CURIAM.

The questions for our decision are two: (1) whether appellant, subcontractor on a school building construction job, was legally responsible for the costs of certain temporary heating of the building for a longer period than anticipated because of delays which were due to no fault of appellant; and (2) whether appellee, the general contractor, was responsible to appellant for the amount of “extra” costs entailed by appellant for excavation work, the costs of which were enhanced by unexpected subsurface conditions. The trial court, after hearing evidence and considering the terms of the relevant documents, held for ap-pellee on both questions and entered judgment accordingly. We find no error.

Affirmed.

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PER CURIAM.

The questions for our decision are two: (1) whether appellant, subcontractor on a school building construction job, was legally responsible for the costs of certain temporary heating of the building for a longer period than anticipated because of delays which were due to no fault of appellant; and (2) whether appellee, the general contractor, was responsible to appellant for the amount of “extra” costs entailed by appellant for excavation work, the costs of which were enhanced by unexpected subsurface conditions. The trial court, after hearing evidence and considering the terms of the relevant documents, held for ap-pellee on both questions and entered judgment accordingly. We find no error.

Affirmed.

Carlyle F. Warner, T/a W. Frank Warner Company v. F. H. Martell Company, Inc., 239 F.2d 66, 99 U.S. App. D.C. 246, 1956 U.S. App. LEXIS 4128 (D.C. Cir. 1956).

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239 F.2d 66 (Carlyle F. Warner, T/a W. Frank Warner Company v. F. H. Martell Company, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.