Wiechmann Engineers v. State Ex Rel. Department of Public Works

Plaintiff appeals from a judgment in favor of the State of California following a court trial. This action arose out of a contract between plaintiff corporation and the State of California for the clearing, excavation and grading of approximately 10 miles of road in Modoc County. Plaintiff claims it is not liable for liquidated damages, and that it is entitled to recover additional money for work performed and damages for breach of contract by reason of defendant’s fraudulent concealment.

We find the appeal to be without merit and will accordingly affirm the judgment of the trial court.

On February 14, 1964, defendant State of California published a notice to contractors calling for bids for road construction work in Modoc County. The work to be performed generally involved the grading and surfacing with aggregate base of approximately nine and a half miles of county road. The notice provided sealed bids would be received by the state until 2 p.m. on March 18, 1964. Plaintiff received a bid package from the state which incorporated by reference Standard Specifications— January 1960, a thick document containing contractual provisions applicable to all projects bid for…