Hoffman Construction Co. v. United States

32 Cont. Cas. Fed. 73,279, 7 Cl. Ct. 518, 1985 U.S. Claims LEXIS 1031
CourtUnited States Court of Claims
DecidedMarch 13, 1985
DocketNo. 118-84C
StatusPublished
Cited by29 cases

This text of 32 Cont. Cas. Fed. 73,279 (Hoffman 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
Hoffman Construction Co. v. United States, 32 Cont. Cas. Fed. 73,279, 7 Cl. Ct. 518, 1985 U.S. Claims LEXIS 1031 (cc 1985).

Opinion

OPINION

LYDON, Judge:

This direct access contract case comes before the court on defendant’s motion for summary judgment and plaintiff’s opposition thereto. Defendant maintains, and plaintiff contests, that no genuine issue of material fact exists and that defendant is entitled to a judgment as a matter of law. While plaintiff was performing the work set out in the contract at issue, defendant issued several change orders. Plaintiff completed the change order work and submitted cost proposals thereon. The parties ostensibly negotiated over the cost proposals and agreed on ultimate amounts set out in final change orders. After settling these cost disputes, plaintiff filed a certified claim to the contracting officer for interest ($105,499) based on what plaintiff perceived to be unreasonable delays in change order payments. The contracting officer awarded plaintiff $20,314 in interest which plaintiff considers insufficient. Subsequently, plaintiff filed this action pursuant to the disputes provision of its contract with defendant and the Contract Disputes Act of 1978, 41 U.S.C. § 609(a)(1) (Supp.1984) (CDA).

The issue presented by defendant’s motion for summary judgment is whether or not plaintiff is entitled to an award of interest under either the Disputes Clause of the contract at issue or the CDA. Defendant maintains that absent an underlying claim submitted to the contracting officer and a decision thereon as provided in 41 U.S.C. § 605(a), the contracting officer lacks statutory authority to award interest pursuant to 41 U.S.C. § 611 or under the Disputes Clause of plaintiff’s contract which was drafted with terms parallel to section 611 of the CDA. Plaintiff concedes that an underlying claim must exist for its interest claim but maintains that the Veterans Administration’s disputing of plaintiff’s cost proposals gave rise to a “claim” within the purview of the Contract Disputes Act and the Disputes Clause of its contract. Accordingly, plaintiff contends that it is entitled to interest for the periods of unreasonable delay in the payment by defendant of additional costs created by certain change orders. After a careful review of the submissions of both parties, the applicable statutes and pertinent case law, oral argument having been waived by the parties, the court grants defendant’s motion for summary judgment.

I.

On September 30, 1980, plaintiff entered into a contract (Contract No. V101C-843, Phase 2B, Project No. 663-014) with defendant for construction work on a hospital in Seattle, Washington.1 During the course of construction, defendant issued [521]*521several change orders2 directing plaintiff to perform additional work. Plaintiff submitted cost proposals on these various changes. These cost proposals were thereafter negotiated by the parties. However, plaintiff continued to perform the changes and defendant funded said changes with progress payments based upon its internally generated budget amounts. It is uncontradicted that these progress payments turned out to be insufficient to meet some of the actual costs as incurred by plaintiff in performing the requested changes.

On at least two occasions during construction plaintiff wrote to Charles Pressley, Senior Resident Engineer, Veterans Administration, to inform him that the progress payments that plaintiff was receiving for the change order work were insufficient to cover the actual costs then being incurred by plaintiff. In those letters plaintiff was requesting increased monthly payments to meet its increased costs so that it was not required to finance initially the work itself. Apparently, there were other instances in which plaintiff informed defendant that its actual or projected costs were exceeding the progress payments allocated for the change orders.

It appears that after the work was completed and plaintiff ascertained its actual costs it determined that the change orders had been substantially “underfunded” and thus plaintiff determined that it had been underpaid. In a letter dated April 22,1982, plaintiff submitted a chart outlining the remaining items over which there was a cost dispute. Plaintiff requested a meeting at which such items could be resolved so that the contract could be closed out. The final item on the submitted chart asserted that interest was due plaintiff ($82,038) based upon the following reasoning: “The VA has been unreasonably slow in reviewing and approving proposals for and in paying for change order work Hoffman [plaintiff] is entitled to interest payments as compensation for the VA’s failure to pay for change order work in a timely manner.” Plaintiff initially calculated the interest amount of $82,038 in a worksheet dated January 29, 1982, which was submitted to defendant at a February 9, 1982, meeting.

All disputes concerning final dollar amounts for all the change order work were resolved, final change orders were entered into and plaintiff was paid. However, defendant refused to pay the above cited interest claim. Defendant, in a letter dated May 13, 1982, gave the following reason for denying plaintiffs interest demand:

10. Interest on Change Order Payments — Proceed Orders have been issued to provide funds for changes. As long as there are reasonable differences of opinions as to some of the costs, I do not think you would be due any interest on the unresolved balance. Interest normally does not start until there is a dispute and the matter is before the Appeals Board.

On February 9, 1983, plaintiff submitted a “formal change order request in the amount of $92,186 * * * ” to the contracting officer. Said claim included tables with interest calculations and plaintiff also enclosed a legal argument in support of its interest claim. On March 2, 1983, the contracting officer requested plaintiff to certify its claim due to the fact that plaintiff’s claim exceeded $50,000. See 41 U.S.C. § 605(c)(1). By letter dated March 14, 1983, plaintiff accordingly certified its claim. Plaintiff subsequently revised its interest claim upward to $105,449 in a letter dated August 8, 1983.

On January 11, 1984, the contracting officer rendered his final decision awarding plaintiff $20,314 in interest. Plaintiff subsequently filed this action in this court pursuant to the direct access provision of the CDA. 41 U.S.C. § 609(a)(1). Plaintiff [522]*522asserts that the contracting officer’s decision is erroneous and that it is entitled to the $105,449 in interest it claimed before the contracting officer, which would include the $20,314 already awarded to it.3

II.

A.

In its motion for summary judgment, defendant argues that, according to the CDA, absent an underlying quantum claim the contracting officer has no authority to enter an interest award. Defendant relies on the plain language of the CDA to support its argument. Section 611 of the CDA states in pertinent part:

Interest on amounts found due contractors on claims

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Cite This Page — Counsel Stack

Bluebook (online)
32 Cont. Cas. Fed. 73,279, 7 Cl. Ct. 518, 1985 U.S. Claims LEXIS 1031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffman-construction-co-v-united-states-cc-1985.