Tonkin Construction Co. v. County of Humboldt

Respondent Tonkin Construction Company (Tonkin) filed a “complaint for money due” against appellant County of Humboldt (County) for failure to perform certain representations and agreements implied in the parties’ written contract. Following court trial, Tonkin was awarded $27,276.08 in damages against the County. The County appeals, arguing that the record does not support a finding of its liability to Tonkin. We affirm the judgment.

I

In September 1983, the County and the United States Army Corps of Engineers (Corps) undertook to restore the shoreline in a portion of Humboldt Bay. In connection with this objective, the County and the Corps agreed that the County would be responsible for having a seawall built and that the Corps would be responsible for having backfill work performed behind the wall. Such backfill work was necessary for the support and protection of the wall.

The County submitted the contract for the construction of the seawall, entitled the “King Salmon Shore Protection Project, Phase One,” to bidders. Tonkin was the successful bidder on the County’s contract. In turn, the Corps contracted with a dredging company, Osburg, for the performance of the…