Frederickson & Watson Construction Co. v. Department of Public Works

Plaintiff appeals from the judgment after the trial court sustained without leave to amend defendant’s demurrer to plaintiff’s first amended complaint.

Plaintiff, on August 31, 1966, entered into a contract with defendant to build a portion of state highway. Such contract: consisted of (a) standard specifications, (b) plans, and (c) special provisions. Also- furnished to plaintiff was a document entitled “Mass Diagram,” embodying certain results of earlier investigations of the construction site by defendant. The results of such investigations are referred to-, and their effect defined by sections 2-1.03 and 2-1.04 of the standard specifications as follows: “2-1.03 Examination of Plans, Specifications, Contract, and Site of Work.

“The records of such investigations are not a part of the contract and are shown solely for the convenience of the bidder or Contractor. It is expressly understood and agreed that the Department assumes no- responsibility whatsoever in respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretations set forth therein or made by the Department in its use thereof and there is no warranty or…