B. D. Click Co. v. United States

614 F.2d 748, 27 Cont. Cas. Fed. 80,096, 222 Ct. Cl. 290, 1980 U.S. Ct. Cl. LEXIS 5
CourtUnited States Court of Claims
DecidedJanuary 23, 1980
DocketNo. 247-78
StatusPublished
Cited by74 cases

This text of 614 F.2d 748 (B. D. Click Co. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
B. D. Click Co. v. United States, 614 F.2d 748, 27 Cont. Cas. Fed. 80,096, 222 Ct. Cl. 290, 1980 U.S. Ct. Cl. LEXIS 5 (cc 1980).

Opinion

SKELTON, Senior Judge,

delivered the opinion of the court:

This is an appeal by the plaintiff, B. D. Click Co., Inc., under the Wunderlich Act (41 U.S.C. §§ 321-322 (1970)) from an adverse decision of the Armed Services Board of Contract Appeals (the Board) in ASBCA No. 18647. The plaintiff asserts that the decision of the Board was arbitrary, capricious, and not supported by substantial evidence and, consequently the decision should be reversed [293]*293and judgment entered in its favor. The plaintiff, alleging a changed condition, seeks an equitable adjustment in the amount of $3,000 for installing a fire sprinkler system in a building constructed by it pursuant to a contract with the Department of the Air Force.

The facts show that on December 9, 1970, plaintiff was awarded Contract No. F41641-71-C-0116 in the lump sum amount of $24,960.00, for the construction of a storage paint and dope building at Laredo Air Force Base, Texas. Incorporated by reference in the contract as general provisions were the Changes, Differing Site Conditions, Specifications and Drawings, and Disputes clauses usually found in military construction contracts. Another general provision was entitled "CONTRACT DRAWINGS, MAPS AND SPECIFICATION (1965 Jan/ASPR 7-602.45). The contract provided, among other things, the following:

"SECTION I

SCOPE OF WORK

SW-01 DESCRIPTION OF WORK:

a.The work consists of furnishing all plant, labor, and materials in strict accordance with these specifications, the schedule and drawings performing parts thereof for the construction of a Paint and Dope Storage Building, complete in accordance with Laredo Air Force Base Drawing Nr. 33-17-03.

b.The site of the work is at Laredo Air Force Base, Laredo, Texas. SW-02 PRINCIPAL FEATURES: The work to be performed includes the following principal features:

a. Construct Concrete driveway, building floor slab and foundation complete with drainage structure and necessary earth work.
b. Furnish and erect one 60 ft X 32 ft prefabricated, rigid frame type, metal building complete with louvers, roof ventilators, sky light panels, and miscellaneous accessories indicated in project specifications and drawings.
c. Furnish and install a complete new fire protection sprinkler system complete with new 6 inch water main connection to water system. The above general outline of work does not in any way limit the responsibility of the contractor from performing necessary operations or furnishing required appurtenances needed to provide for [294]*294a complete and operational job as required by drawings and specifications.
* * * * *
Contract Drawings, Map and Specifications (1965 Jan/ASPR 7.602.45).
* * * * *
(b) Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed shall not relieve the Contractor from performing such omitted or misdescribed details of the work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.
s}c * # %
SPECIFICATIONS AND DRAWINGS
The Contractor shall keep on the work a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern.” (Emphasis supplied).

The title page of the Technical Provisions of the contract provided:

"LAREDO AIR FORCE BASE
LAREDO, TEXAS
LDO 44-9
CONSTRUCT STORAGE PAINT & DOPE BUILDING
OCTOBER 1970
SECTION I: SCOPE OF WORK
SECTION II: SPECIAL CONDITIONS
SECTION III: TECHNICAL PROVISIONS
1. Earthwork
2. Concrete Construction
3. Prefabricated Metal Building
4. Structural Steel
5. Sheet Metalwork
[295]*2956. Excavation, Trenching, and Backfilling for Utility
Systems
7. Sprinkler System
8. Electrical
9. Pavements”
(Emphasis supplied).

Another technical provision entitled "SPRINKLER SYSTEMS, FIRE PROTECTION” contained eleven pages of various requirements. In paragraph 7-02 the following appears:

"GENERAL: The contract drawings indicate the extent and general arrangement of the sprinkler system. The sprinkler system shall be the wet pipe-type system.”

The contract also included one drawing, Drawing No. 33-17-03. Detail of the drawing shows the outside connections of the sprinkler system.

The eleven pages of the requirements of the sprinkler system set forth in the specifications of the contract described in minute detail the components of the sprinkler system including, among others, the following: gauges, caulking, flanges, steel pipe, cast-iron pipe, wrought iron pipe, pipe fittings, plumbing fixtures, gasket material, nuts and bolts, pressure fittings, standpipe and hose systems, water spray system, rubber gasket joints, square and hex bolts and screws, spare sprinklers, pipehangers, valves, shop drawings, welding, installation of material and equipment, workmanship, pipe installation, joints, bracing and clamping, control valves, excavation, trenching and backfilling, flushing, working pressure, special couplings, reducers, pipe supports and hangers, pipe sleeves, escutcheons, drains, protection against freezing, types of sprinklers, waterflow indicators, alarm check valves, sterilization, alarm facilities, repairs, tests, instructions for test, inspection, operation and preventive maintenance, and a one-year guarantee by the contractor.

A dispute arose between the plaintiff and the contracting officer in March, 1971, as to whether the plaintiff was required to install a complete fire protection sprinkler system in the building. The contracting officer contended that the contract required the plaintiff to install the system. The plaintiff argued that paragraph 7-02 of the Technical Provisions stated that: "the contract drawings [296]

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Bluebook (online)
614 F.2d 748, 27 Cont. Cas. Fed. 80,096, 222 Ct. Cl. 290, 1980 U.S. Ct. Cl. LEXIS 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/b-d-click-co-v-united-states-cc-1980.