V. S. DiCarlo Const. Co., Inc. v. State, KCD
| Decision Date | 01 May 1978 |
| Docket Number | No. KCD,KCD |
| Parties | V. S. DiCARLO CONSTRUCTION CO., INC., Respondent, v. STATE of Missouri, Appellant. 29121. |
| Court | Missouri Court of Appeals |
John D. Ashcroft, Atty. Gen., Louren R. Wood, Asst. Atty. Gen., Jefferson City, for appellant.
Ernest H. Fremont, Jr., Wm. Dirk Vandever, Popham, Popham, Conway, Sweeny & Fremont, P. C., Kansas City, for respondent.
Before WELBORN, Special Judge, Presiding, PRITCHARD, J., and HIGGINS, Special Judge.
ROBERT R. WELBORN, Special Judge, Presiding.
Action by contractor to recover from state for removal of rock under construction contract. Upon submission of cause on stipulated facts, trial court found for contractor. State has appealed.
This controversy arises out of the construction for the State of Missouri of an office building for the Adjutant General and an Emergency Operations Center in Jefferson City. V. S. DiCarlo Construction Co., Inc. ("DiCarlo") submitted a base bid with alternates in the amount of $676,909 to act as general contractor for the project. The DiCarlo bid was the lowest responsive bid and on December 5, 1967, a contract was entered into between the state and DiCarlo.
DiCarlo entered upon the work. In excavating for the foundation, basement and sub-basement of the building, rock was encountered. Contractors had been advised that some rock excavation would be necessary. The state took 10 core borings in the construction site
A note appeared on the "drawings/plans," as follows:
The contract contained the following provision on unit prices:
Add Deduct
------- -------
"1. For rock excavation requiring
drilling and jackhammering as
per Division 02 Section B02 of
the specification-per cubic
yard $200.00 $10.00
"2. For earth or loose rock
excavation by machine per cubic
yard 2.50 .25
"3. For earth or loose rock
excavation by hand per cubic
yard 5.50 1.00"
The excavation portion of 02B 02 read as follows:
"Remove all material now in place as required to excavate including working space for sub-basement floor slab to an elevation 4"' below bottom of slab. Further remove rock or material found in place to at least the side of wall or column footings, elevator pit, or depressed floor area bases. Footings are to be placed on rock suitable for the loads to be supported. The approx. elevation for these footing bearing levels to be based on the elevations shown on the drawings.
As computed from the drawings and specifications ("borings"), 904 cubic yards of solid rock excavation would have been required. DiCarlo actually removed 1850 cubic yards. DiCarlo made demand of the state for the removal of 946 cubic yards of rock at $200 per cubic yard. The state rejected the claim but did pay DiCarlo $5856 for rock excavation in footings below the sub-basement floor elevation.
DiCarlo filed suit against the state on June 29, 1970. Its petition was in six counts. Count I sought...
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Missouri State Highway Patrol v. Atwell
...its understanding that V.S. DiCarlo Construction Co., Inc. v. State of Missouri, 485 S.W.2d 52, 56 (Mo.1972), appeal after remand, 567 S.W.2d 394 (Mo.App.1978), held that "when the state enters into a validly authorized contract, it lays aside whatever privilege of sovereign immunity it oth......
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State v. Atwell
...understanding that V.S. DiCarlo Construction Co., Inc. v. State of Missouri, 485 S.W.2d 52, 56 (Mo. 1972), appeal after remand, 567 S.W.2d 394 (Mo. App. 1978), held that "when the state enters into a validly authorized contract, it lays aside whatever privilege of sovereign immunity it othe......
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Gavan v. Madison Memorial Hosp., 49836
...The Supreme Court in V.S. Dicarlo Construction Co., Inc. v. State, 485 S.W.2d 52, 56 (Mo.1972), appeal after remand, 567 S.W.2d 394 (Mo.App.1978) held that when the state enters into a validly authorized contract, it lays aside whatever privilege of sovereign immunity it otherwise possesses......