Lord v. Regents of Univeristy of California

WARNE, J. pro tem.* Lord and Bishop were the successful bidders on a contract to construct a bridge over Putah Creek on the University of California campus at Davis. By the terms of the contract, the contractor was to receive $41,000 for the construction of the bridge. The contract required the contractor to place a number of concrete piles in the ground as a support for the bridge structure. The specifications provided that the contractor use metal cased or cast-in-place concrete piles. It further provided that if metal cased driven [12]piles were used that they be either tapered metal casing for driven concrete piles with a sealed tip of not less than 8 inches and an average diameter of not less than 11 inches, or straight sided steel easing with an outside diameter of 12% inches. The specifications required that driven piles be driven to a 40 ton safe bearing load, in accordance with the 1949 Uniform Building Code formula. The specifications also provided that payment for driven piles would be made for piles 30 feet in length on the basis of the unit prices per foot quoted for variations from that length. In connection with this latter provision the contract provided:

“For the purpose of providing in advance a-basis of adjustment in the event of certain possible additions or deductions in connection with the work to be done by the Contractor, the parties hereto hereby agree upon the following unit prices as called for in the specifications for said work:

Unit Prices Deduct Add

Driven piles:

Base length in excess of 30 ft....... $12.50 per ft.

Base length less than 30 ft.......... $5.00”

Lord and Bishop subcontracted the piling to the Raymond Concrete Pile Company. On the basis of soil studies, the engineer-architect, Isadore Thompson, estimated that the piling for the bridge would only have to go down about 30 feet.

Raymond began work. The first pile driven was what is known as a step taper pile. This is a pile composed of a number of sections of hollow metal easing (each 8 feet long in this case), each section being slightly (% inch) wider at the top than at the bottom, and each section being one inch wider at the bottom than the bottom of the next lower section. The first pile was driven to a depth of 38 feet 11 inches. At that depth it did not meet the required resistence. The job foreman stopped driving the pile and reported to his superior. An official of the Raymond Concrete Pile Company then discussed the matter with Mr. Thompson who was informed that the driving rig on the job was unsuitable for driving step taper piles beyond a depth of 40 feet. Mr. Thompson was told that the rig could drive pipe step taper piles to any depth. Thompson then agreed that pipe step taper piles could be substituted for the step taper pile. This latter act was taken without notifying or consulting Lord and Bishop. A pipe step taper is composed of a length of straight sided step pipe on top of which are several sections of step taper casing. The