United States Fifth Circuit

Denial of additional compensation, for alleged extra work performed pursuant to a wharf construction contract, was proper where 1) the bid package provided sufficient notice of obstructions, 2) the contractor did not follow the sequence for construction set out in the bid package, and 3) change in soil conditions was reasonably foreseeable.

Appellate Information

• Decided 07/02/2002
• Published 07/02/2002

Judges

• CARL E. STEWART, Circuit Judge:, Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert E. Winn (argued), Sharon Cormack Mize, Sessions, Fishman & Nathan, New Orleans, LA, for Traylor Brothers, Inc., Richmond M. Eustis (argued), Eustis, O'Keefe & Gleason, New Orleans, LA, for Board of Com'rs of Port of New Orleans.