In a public construction contract between state \"0\" and contractor \"C\", the

Question

In a public construction contract between state "0" and contractor "C", the contract stated that the unit price for rock excavation will apply to all rock removed above or below these quantities. C was required to include 1,000 cubic yards of rock excavation in its basic bid. C actually excavated 3,000 cubic yards and was delayed 6 months to complete the excavation. C inspected the project site as required in O's bidding documents and observed nothing to indicate any excess above 1,000 cubic yards, C was not required under the Contract to perform its own subsurface study. C seeks delay damages. What result? Explain.

Explanation / Answer

As per the narration, under the contract C was required to go beyond 1,000 cubic yards and also C was not required to perform its own subsurface study. The first sentence include " the contract stated that the unit price for rock excavation will apply to all rock removed above or below these quantities." Therefore as per law of contract C is not entitled to demand delay damages.

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