Hopkins v. State
Opinion of the Court
— Appeal from a judgment of the Court of Claims dismissing a claim for damages for breach of a public improvement contract. The contract provided for the reconstruction of a State highway and bridge in the village of Chester. The old highway was eighteen feet wide; the new highway was to be thirty-two feet wide. The contract work included the relocation and replacement of an existing water main four inches in diameter which was located within the proposed highway lines. There was no mention in the plans of any other water main within the highway lines. The plans, however, showed a valve within the highway lines at the westerly end of the four-inch water main. During the course of the work, the claimant discovered there was a six-inch water main within the highway lines, immediately to the west of the valve, of which the four-inch main was a continuation. The Village of Chester was notified of this situation and it removed and relocated the water main at its expense within a reasonable time. However, the claimant’s work was held up and he suffered damage because of the delay, principally due to the fact that his remaining highway work had to be done during the winter season. The claim was filed for this damage. The contract contained the provision that “ The Contractor agrees that before making his proposal he carefully examined the contract documents, together with the site of the proposed work, as well as its surrounding territory, and is fully informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion of this contract, including the existence of poles, wires, pipe and other facilities and structures of municipal and other public service corporations on, over or under the site, and that his information was secured by personal investigation and research and not from the estimates or records of the Department, and that he will make no claim against the State b;r reason of estimates, tests or representations of any officer or agent of the State”. The specifications further provided “The contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on the site of the work ”. There was also a contract provision that “ Existing public utility and municipal facilities shall be removed and relocated by their respective owners if any changes are necessitated by this construction, and such owners shall be given an opportunity to make changes
Case-law data current through December 31, 2025. Source: CourtListener bulk data.