Phoenix Bridge Co. v. United States,
211 U.S. 188 (1908)

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U.S. Supreme Court

Phoenix Bridge Co. v. United States, 211 U.S. 188 (1908)

Phoenix Bridge Company v. United States

No. 26

Argued November 12, 13, 1908

Decided November 30, 1908

211 U.S. 188


In a contract with the government for the reconstruction of a drawspan bridge which provides for completion before opening of navigation, permission to use false work during construction does not permit such use after the opening of navigation, and where the completion is delayed through negligence of the contractor until after opening of navigation and he is obliged by reason of destruction of the false work to substitute a lift span, he cannot recover the extra cost occasioned thereby.

Quaere, and not decided, whether a receipt for final payment on a government contract, given without protest, amounts to an accord and satisfaction so as to be a bar to a claim for extra work in connection with the subject matter of the contract but not specified therein.

38 Ct.Cl. 492 affirmed.

Page 211 U. S. 189

The facts are stated in the opinion.

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