Carothers Construction Co. v. United States

36 Cont. Cas. Fed. 75,873, 20 Cl. Ct. 556, 1990 U.S. Claims LEXIS 228, 1990 WL 74585
CourtUnited States Court of Claims
DecidedJune 6, 1990
DocketNo. 173-89C
StatusPublished
Cited by5 cases

This text of 36 Cont. Cas. Fed. 75,873 (Carothers Construction 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
Carothers Construction Co. v. United States, 36 Cont. Cas. Fed. 75,873, 20 Cl. Ct. 556, 1990 U.S. Claims LEXIS 228, 1990 WL 74585 (cc 1990).

Opinion

ORDER

NETTESHEIM, Judge.

This multi-claim contract case is before the court after argument on the parties’ cross-motions for partial summary judgment. The issue for decision is whether a contractor was obligated to provide liner panels by its construction contract with the Government.

FACTS

The following material facts are undisputed, unless otherwise noted. On March 10, 1986, the United States Army Corps of Engineers (the “Corps”) awarded a contract to Carothers Construction Company, Inc. (“plaintiff”). Plaintiff agreed to construct two tactical equipment shops at Fort Stewart, Georgia, for the amount of $10,-948,392.00. The plans, specifications, and estimates for these shops were identical. A notice to proceed was issued to plaintiff on April 14, 1986.

Each building was in a “horseshoe” configuration. There were two large parallel bays for servicing tanks and similar tactical vehicles, joined at one end by an administrative and warehouse area. Both buildings had metal siding on the exterior and a metal, standing seam roof. The lower wall elevations, i.e., the bottom 10 feet or more, were constructed with brick on the exterior and concrete block on the interior. Metal siding was placed from the top of brick to the roof. The metal siding and metal roof were formed in panels.

The term “covering panel” refers to the metal panel attached to the exterior of the building. Covering panels include both metal siding (“metal wall covering panels”) and metal roofing (“metal roof covering panels”). A “covering panel” forms a metal shell around the exterior of the building, thereby shielding the building from the elements. The term “liner panel” refers to the metal panel attached to the interior of the building. The contract either called for insulation above the concrete block between the covering panel and the interior, secured on the interior by insulation retaining straps, as plaintiff claims, or insulation faced by liner panels, as defendant claims.

Part I, § 7R8 of the contract, entitled “METAL ROOFING AND SIDING, FACTORY-COLOR FINISHED,” is the applicable specification for metal panels. Paragraph 2 of section 7R8, entitled “GENERAL,” provides in pertinent part: “Contract drawings indicate the extent and general assembly details of metal roofing and sid-ing____” Paragraph 4 of section 7R8, “SAMPLES AND DESCRIPTIVE DATA,” states that a sample of the wall liner shall be submitted for approval and the liner shall be “one piece, 9 inches long, full width.”

Paragraph 7 “MATERIALS” provides, in pertinent part:

7.1 Wall Covering and Roof Covering Materials: Wall and roof covering panels shall not exceed 30 feet in length and shall be steel____
[558]*5587.1.1 Steel Covering: Zinc-coated steel conforming to ASTM A 446, G 90 coating designation, or aluminum-coated steel conforming to Mil.Spec. MIL-S-4174, Type II. Roof and wall liner panel shall be 24 galvanized sheet gage or thicker and roof and wall cover panel shall be 26 galvanized sheet gage or thicker.

The load and span requirements of paragraph 7.1.1 providing that the “wall liner panel shall be 24 galvanized sheet gage or thicker” was also carried forward in Contract Drawing No. 214-10-03, Plate S-l, the “Tactical Equipment Shop L. 1. 276 General Notes and Typical Details, Fort Stewart, Georgia” for “Siding Liner Panel.”

Paragraph 7.4.1 of section 7R8 defines material specifications for rigid and semi-rigid board insulation. Paragraph 7.4.2 defines material specifications for blanket insulation. The Corps did not require rigid or semi-rigid board insulation to be installed on this contract.

Paragraph 7.5 of the specifications provides in full:

Insulation Retainers: Retainers shall be type, size, and design necessary to hold the insulation adequately and to provide a neat appearance. Metallic retaining members shall be nonferrous or have a nonferrous coating. Nonmetallic retaining members, including adhesives used in conjunction with mechanical retainers or at insulation seams, shall have a fire resistance classification not less than that permitted for the insulation.

Paragraph 8 of section 7R8, “INSTALLATION,” provides, in full:

8.2 Wall Covering and Roof Covering Installation: Wall covering shall be applied with the longitudinal configurations in the vertical position. Roof covering shall be applied with the longitudinal configurations in the direction of the Roof slope. End laps shall be made over framing members with fasteners into framing members approximately 2 inches from the end of the overlapping sheet. Side laps shall be laid away from the prevailing winds. Side lap distances, end lap distances, and spacings of fasteners shall be in accordance with Table I at the end of this Section. Fasteners shall be installed in valleys or crowns as recommended by the manufacturer of the sheet being used. Crown fasteners shall be shoulder type. Fasteners shall be installed in straight lines within a tolerance of lk inch in the length of a bay. Side laps and end laps of roof (and wall) covering and joints at accessories shall be sealed. Method of applying joint sealing shall conform to manufacturer’s recommendation. Fasteners shall be driven normal to the surface and to a uniform depth to seat the gasketed washers properly. Accessories shall be fastened into framing members, except as otherwise approved. Scratched, chipped or otherwise abraded surfaces shall be touched up as necessary with the manufacturer’s recommended touch-up paint.

Plaintiff has put at issue whether liner panels were required by the contract. Contract Drawing No. 214-10-03, Plates A-10 and A-ll, both captioned “Wall Sections” designate “insulated metal wall panel” above the exterior brick. Drawing Plate No. S-l refers to a “siding liner panel,” but does not show a liner panel or give installation instructions, nor were liner panels or instructions depicted in any architectural plan or in the Finish Schedule. In contrast, particularized installation instructions were provided for wall and roof covering materials.

Part II, § 1, If 6 of the contract captioned “Contract Drawing, Maps and Specifications” provides, in pertinent part:

(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.

(Emphasis added.)

The contract also incorporated by reference the Federal Acquisition Regulation [559]*559(“FAR”), 48 C.F.R. § 52.236-21(a), “Specifications and Drawings for Construction.” The regulation stipulates, in pertinent part, that

[a]nything 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. In case of discrepancies ...

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Cite This Page — Counsel Stack

Bluebook (online)
36 Cont. Cas. Fed. 75,873, 20 Cl. Ct. 556, 1990 U.S. Claims LEXIS 228, 1990 WL 74585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carothers-construction-co-v-united-states-cc-1990.