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eBook details

• Title: Cook v. Oklahoma Bd. of Public Affairs
• Author : In the Superior Court of Pennsylvania
• Release Date : January 31, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 82 KB

Description

1 Eight issues are presented for decision: [1] Does the Oklahoma Board of Public Affairs and the Oklahoma Department of Wildlife Conservation [State] owe a duty to disclose a subsurface condition to bidders on a construction project when its contract contains a clause that expressly disallows additional payment or extensions of time for completion of work if the contractor fails to acquaint himself with all conditions relating to the work? [2] Are the parties absolutely bound by a contract provision that makes the engineers determination of compliance with the contract specifications final and conclusive absent a showing of fraud or bad faith? [3] Is the State liable for the cost of corrective work for which its agent assumed the responsibility when he instructed the contractor to replace concrete manholes? [4] Is the contractor entitled to compensation - based on quantum meruit - for the extra work that he was required to do because of miscalculations in the plans? [5] Is the contractor entitled to prejudgment interest on his recovery against the State? [6] Did the trial court err in not awarding the contractor his lost profits and overhead expenses? [7] Is the prevailing party in an action for breach of contract due to miscalculations in the plans and specifications, which required corrective work, entitled to attorneys fees under 12 O.S. 1981 ? 936? and [8] Did the agent of the State - who was found not to be liable for breach of contract - become liable for the tortious injury to the contractor because of his failure to disclose wet soil conditions?

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