Babbitt v. Mitchell

624 P.2d 402, 102 Idaho 20, 1981 Ida. LEXIS 287
CourtIdaho Supreme Court
DecidedFebruary 26, 1981
DocketNo. 12926
StatusPublished

This text of 624 P.2d 402 (Babbitt v. Mitchell) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Babbitt v. Mitchell, 624 P.2d 402, 102 Idaho 20, 1981 Ida. LEXIS 287 (Idaho 1981).

Opinions

McFADDEN, Justice.

Loyale Babbitt, doing business as Babbitt Electrical and Refrigeration Company, entered into a contract with Leslie L. Mitchell, [21]*21doing business as Mitchell Construction Company, to undertake certain subcontractual work in the construction of an elementary school building at Preston, Idaho. Upon completion of the project, Babbitt Electrical and Refrigeration Company (hereinafter, Babbitt) brought an action to collect the balance to be due from the general contractor, Mitchell Construction Company (hereinafter, Mitchell) under the terms of the subcontract. After trial, the district court entered judgment against Mitchell for the amount alleged to be owed Babbitt. Mitchell appeals from the judgment. We affirm.

The record discloses the following facts giving rise to this appeal:

In 1971, Mitchell and the Eastside School District no. 201 entered into a contract for the construction of an elementary school building at Preston, Idaho. The contract between the parties consisted of the following documents: the agreement, the conditions of the contract, the drawings, the specifications, all addenda issued prior to the execution of the contract, and all modifications thereto. Under the general conditions of the contract, Mitchell was solely responsible to the school district for all work performed in the construction of the elementary school, including the work of any subcontractors. Mitchell subcontracted out the work described in the roofing, sheet metal, heating ventilation and temperature controls, and plumbing sections of the contract document entitled “Specification ... For the Construction of New Elementary School at Preston, Idaho for Eastside School District # 201.”

On October 13,1971, Mitchell and Babbitt entered into a written subcontract agreement. Pursuant to the agreement, Babbitt was to complete all work of Section 19, “Heating, Ventilation and Temperature Controls,” and Section '20, “Plumbing,” of the aforementioned document detailing the specifications for the construction of the school. The instant controversy only involves the work specified in Section 19, with the relevant provisions including, but not being limited to, the following:

“A. Work included — The work consists of, but not limited to the furnishing of all plant, labor, equipment, appliances, and materials and in performing all operations in connection with the installation of the following.
1. Heating piping and equipment
2. Ventilating system and equipment
3. Insulation
4. Identification"
“SECTION 13. MATERIALS AND EQUIPMENT
D. Heating and Cooling Roof Top Units 1. The Contractor shall provide and install roof top heating, ventilating and air-conditioning units of the size and type indicated on the plans. Each unit shall be complete and ready for operation. All accessories and other equipment necessary to properly install the units shall be included in the equipment”
3. The General Contractor shall provide raised bases on which to mount the units. It shall be constructed of 2" X 10" wood members spanning the roof joists and tied together with a SA" plywood deck. The entire structural base shall be trimmed with a cant strip and covered with 24 gauge galvanized sheet metal flashed into the roof and trimmed with a drip flashing.”

Moisture eventually leaked around and under the raised bases supporting the heating, ventilating and air conditioning units, causing damage to the roof and interior ceilings of the school building. The primary source of the leakage was that the multiple pieces of sheet metal covering the raised bases and flashed into the roof were butted together without watertight joints. Instead, they were joined by asphalt masking smeared on the top of the sheet metal. An additional source of the leakage was that the bases had not been trimmed with a drip flashing.

Mitchell employed Parr Electrical and Mechanical Company to remedy the sitúa[22]*22tion. Mitchell apparently withheld full payment to Babbitt, deducting the amount he paid Parr Electrical and Mechanical Company for the remedial work from the sum agreed upon in the subcontract.

Babbitt then brought an action to collect the balance he claimed to be due from Mitchell under the terms of the subcontract. Mitchell counterclaimed for the amount he paid for the remedial work. The parties stipulated that the sum in dispute was $5,439.48.

At trial, Babbitt introduced into evidence the subcontract between Mitchell and himself as well as the specifications for the construction of the elementary school building. Babbitt also testified that he had performed the work and furnished the materials in accordance with the terms of the subcontract prior to December 1, 1972, the completion date for the project as agreed upon by Mitchell and the school district. The testimony of Mitchell and two of his witnesses was to the contrary. Mitchell testified that Babbitt had the obligation under the specifications for the construction of the school of covering the raised bases with sheet metal properly flashed and trimmed with a drip flashing. He further testified that Babbitt’s employees improperly joined the sheet metal covering the raised bases and flashed into the roof with asphalt smearing rather than with watertight joints, and failed to trim the bases with a drip flashing. Mr. Haycock, the architect employed by the school district as its representative on the project, also stated that Babbitt was the party who improperly performed the work under sub-section 13 D-3 of Section 19 of the specifications. Finally, there was the testimony of Mr. Nielson, the engineer whose firm was employed by Mr. Haycock to design the heating, ventilating and air conditioning systems for the construction project. Mr. Nielson testified that it was his understanding that Babbitt, as the mechanical subcontractor, was responsible for all of the provisions contained in the heating, ventilating and temperature controls section of the specifications, and that responsibility would therefore have included the work in question here. However, during cross-examination, Mr. Nielson admitted that the wording of sub-section 13 D-3 of Section 19 of the specifications did not specifically state that Babbitt was the party obligated to cover the raised bases with sheet metal properly flashed and trimmed with a drip flashing.

The trial court held in favor of Babbitt. In so holding, the trial court in its memorandum decision observed:

“From the contract it is the opinion of the court that the flashing was not the obligation of the Plaintiff herein.
The fact that the flashing was not installed with the proper joint was not the responsibility of the Plaintiff. Therefore, any leaks occurring therefrom was not chargeable to the Plaintiff.
The contract is confusing in its terms, however, by taking the terms of the contract in their entirety it is apparent Plaintiff performed the work in accordance with the terms of the contract and is entitled to be paid therefor.”

These specific comments of the trial court were incorporated in the findings of fact, conclusions of law and judgment made by the court. Paragraphs V and VI of the findings of fact set forth the issues, and the findings that:

“V

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Chick v. Tomlinson
531 P.2d 573 (Idaho Supreme Court, 1975)
Commercial Credit Corp. v. S & E ENTERPRISES, INC.
546 P.2d 396 (Idaho Supreme Court, 1976)
Beal v. Mars Larsen Ranch Corp., Inc.
586 P.2d 1378 (Idaho Supreme Court, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
624 P.2d 402, 102 Idaho 20, 1981 Ida. LEXIS 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/babbitt-v-mitchell-idaho-1981.