New York Court of Appeals

The Foundation Company, Appellant v. the State of New York, Respondent

April 18, 1922233 N.Y. 177

Summary

The Court of Appeals held that the contractor could not recover for extra excavation costs caused by the State's erroneous bedrock estimates because the contract placed the risk of such errors on the contractor, but it could recover on a quantum meruit for the additional pumping work required after the State ordered a change that increased the expense of the project.