173 N.J. Super. 486 - Sasso Contracting Co. v. State’s Empirical Analysis
1980
Citation profile
7 state decisions
Relationships
Relies on United States v. Spearin · J. D. Hedin Construction Co. v. United States · Laburnum Construction Corp. v. United States · Luria Brothers & Company, Inc. v. The United States · Luria Bros. & Co. v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Article 1.2.12 Subsurface Conditions: It is the obligation of the Bidder to make his own investigations of subsurface conditions prior to submitting his Proposal. Borings, test excavations and other subsurface investigations, if any, made by the Engineer prior to the construction of the project, the records of which may be available to bidders, are made for use as a guide for design. Said borings, test excavations and other subsurface investigations are not warranted to show the actual subsurface conditions. The Contractor agrees that he will make no claims against the State, if in carrying out the Project he finds that the actual conditions encountered do not conform to those indicated by said borings, test excavations and other subsurface investigations. Any estimate or estimates of quantities shown on the Plans or in the form of proposal, based on said borings, test excavations and other subsurface investigations, are in no way warranted to indicate the true quantities. The Contractor agrees that he will make no claims against the State, if the actual quantity or quantities do not conform to the estimated quantity or quantities, except in acordance [ sic ] with the provisions of Art. 1.8.4.”
2 later decisions quote this exact passage · from the majority“... straightforward, unambiguous and categorical ... in placing responsibility for subsurface investigations on the contractor.”
2 later decisions quote this exact passage · from the majority“... overcome the specific disclaimer in the specifications for any information concerning subsurface conditions.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.