Alker Diving Contractors, Inc., Plaintiff-appellant, v. Worcester County Sanitary District, Defendant-appellee, v. George, Miles & Buhr, Third Party Defendant, 878 F.2d 380 (4th Cir. 1989)

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U.S. Court of Appeals for the Fourth Circuit - 878 F.2d 380 (4th Cir. 1989)

Argued May 9, 1989. Decided June 15, 1989

Allen Poppleton (Edwin R. Goodlander, Weinberg and Green on brief) for appellant.

Richard Earle Rice (Rice, Tucker & Rice on brief) for appellee.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and JOSEPH H. YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.


Walker Diving Contractors, Inc. ("Walker") sued the Maryland Worcester County Sanitary District ("District") seeking equitable adjustment of a contract under which Walker had agreed to lay a sewage pipe in the Isle of Wight Bay between Ocean City and West Ocean City, Maryland. Walker contended that the actual site conditions varied from those expected or indicated in the contract specifications, resulting in increased cost and difficulty, and that the contract price should, therefore, be adjusted upward. The action was tried in the United States District Court for the District of Maryland, before Judge Smalkin, who found for the District. His reasons were cogently set forth by him at trial, and we affirm on the opinion announced by the district court. Walker Diving Contractors, Inc. v. Worcester County Sanitary District, C/A No. 96-3879 (D. Md. September 2, 1988).