Maitland Bros. v. United States

36 Cont. Cas. Fed. 75,835, 20 Cl. Ct. 53, 1990 U.S. Claims LEXIS 87, 1990 WL 34551
CourtUnited States Court of Claims
DecidedMarch 28, 1990
DocketNo. 428-88 C
StatusPublished
Cited by5 cases

This text of 36 Cont. Cas. Fed. 75,835 (Maitland Bros. 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
Maitland Bros. v. United States, 36 Cont. Cas. Fed. 75,835, 20 Cl. Ct. 53, 1990 U.S. Claims LEXIS 87, 1990 WL 34551 (cc 1990).

Opinion

OPINION

RADER, Judge.

In 1977, the Maitland Brothers Company (plaintiff or Maitland) entered a contract with the United States Naval Facilities Engineering Command (Navy). The contract required plaintiff to install submarine pipelines in a trench beneath the Elizabeth River, at Norfolk, Virginia.

Plaintiff laid the pipelines, but the Navy later ordered Maitland to redo the work. The Armed Services Board of Contract Appeals (ASBCA or Board) sustained the Navy’s orders.

Plaintiff appeals from the Board’s decision. The ASBCA determined that plaintiff did not fulfill the contract requirements. Specifically, the ASBCA found that plaintiff laid the pipelines out of and above the trench on the river bed.

Plaintiff now moves for summary judgment alleging that the Board’s decision was not supported by substantial evidence. Defendant cross-moves for summary judgment. After oral argument, this court denies plaintiff’s motion and grants defendant’s motion.

BACKGROUND1

On December 1, 1977, the Navy awarded plaintiff a contract to dredge an underwater trench. The contract required plaintiff to install in the trench dual 8-inch and 10-inch submarine petroleum, oil, and lubricants (POL) pipelines. These pipelines would convey lubricants under the Elizabeth River from the Craney Island Fuel Depot in Portsmouth, Virginia to the Naval Air Station in Norfolk, Virginia.

The contract specified the route and depths of the trench and pipelines. Drawing Nos. C-2, and C-ll through C-15, depicted these contract requirements. The submarine portion of the pipelines started at station 0+00.00 near the Craney Island disposal area on the northern slope. Over a distance of seven hundred to eight hundred feet, the pipelines descended to a depth of 26V2 feet below the river’s surface. The pipelines continued at that level across the shallow area referred to as the Craney Island, or western edge of the channel, at station 66+75. Prom that point, the trench descended to a depth of 76V2 feet at station 71 + 19.40. The trench continued at that depth across the channel to the eastern edge, at station 86+50. At the eastern edge, the trench rose to 6IV2 feet below the surface. The pipeline remained at this depth until surfacing at the bulkhead, south of Pier 20.

The contract also contained specific clauses allocating responsibility for various aspects of performance:

11. LAYING PROCEDURES AND ALIGNMENT OP SUBMARINE PIPELINE
11.1 The Contractor shall install the pipeline utilizing the approved equipment and laying proceedures [sic] which must be in accordance with generally accepted practices. The installation method must also comply with the restrictions imposed when working in navigable waters as described in section 01011 herein. The support and stress control of the pipe during the laying, pulling or connecting process shall be in accordance with generally accepted engineering practice specified in API RP 1111 and shall be the entire responsibility of the Contractor. Approval by the Contracting Officer of the Contractor’s construction method shall in no way relieve the Con[55]*55tractor of his sole responsibility for the project.

Maitland Bros. Constr. Co., 86-3 BCA (CCH), ¶ 19,172 (1986) (Decision), at 96,928-29 (emphasis in original). Thus, the contract made plaintiff responsible to lay and align the pipeline properly in the trench at the required depths.

The contract also defined methods for the pipeline installation:

20.4 Backfill in the pipeline trench shall be applied immediately after approved hydrostatic testing of the submarine pipeline is completed.

Decision, at 96,928. The contract did not permit filling the trench until after testing of the pipelines.

The Navy contracted with Van Houten Associates, Inc. (VHA) to determine the specifications for the pipelines. This architectural engineering firm designed the POL pipelines to account for conditions in the Elizabeth River. These conditions included ship traffic, wave velocity, and tidal currents. Supplemental Materials, Submitted in Accordance with Rule 4 of ASBCA Procedures, at Exhibit 9 (Supp. R.4 Materials, Ex.).

VHA’s design also considered the buoyancy of the pipelines. Supp. R.4 Materials, at Ex. 6-7. Buoyancy, expressed in terms of “specific gravity,” is the relationship between the weight of the pipe and the weight of the water displaced by the pipe. A pipeline may float during installation if too buoyant. The Board found that these POL pipelines would not float:

VHA’s buoyancy calculations showed that empty 8-inch and 10-inch steel pipes, with or without coating, had sufficient net buoyancy to prevent their floating. ... These figures were confirmed later as correct____

Decision, at 96,933. Therefore, the Board found that the various options to prevent flotation were not necessary for this contract. Decision, at 96,933-34.2

VHA also took core samples of the riverbed. These borings showed soft silt material on the river bottom. Accordingly, VHA recommended a ratio of one vertical to four horizontal (1:4) feet for the trench in the shallow areas and 1:3 in the river channel. Following this recommendation, the trench would have gradual sloping sides. The recommended trench would thus have been three times wider than it was deep in the channel. Decision, at 96,-934. These gradual slopes would prevent the trench from filling with silt before the pipe was in place. Supp. R.4 Materials, at Ex. 11, 12. These slope angles were a recommendation, not a contract requirement. Transcript of Proceedings before the ASBCA, Vol. 11, p. 147 (Tr. (vol/p.)). As mentioned earlier, plaintiff bore the risk and, therefore, could determine the slope of the trench.

Plaintiff constructed the trench with a slope ratio of 1:1 from the east end of the trench at Pier 20 to the western toe of the channel. Thus, plaintiff’s trench had vertical sides in the channel. Plaintiff also based its bid on a ratio of 2:1 from the western toe through the Craney Island flats. Plaintiff expected very little natural siltation because a trench which was narrow at the top would allow less natural sedimentation to occur. Tr. at 12/27-58.3

According to the Board, the Navy expressed concern about plaintiff’s proposal for steeper trench slopes than suggested by the design. Decision, at 96,934; Tr. at [56]*5614/180-84. The Navy expressed this concern to plaintiffs representatives in February and March 1978. Again, after September 15, 1978, the Navy expressed the same concern. Decision, at 96,934.

Plaintiff laid the first 1,000-foot section of the pipelines in the Pier 20 area at the end of June 1978. Plaintiff laid the second 1,000-foot section of pipeline on July 13, 1978. Plaintiff continued to excavate throughout the summer of 1978 and into January 1979.

Problems with contract performance began on September 15, 1978. On that date, the Corps of Engineers (COE) checked the trench depth with a fathometer. COE determined that the trench was not at the contract depth. Materials Submitted in Accordance with Rule 4 of ASBCA Procedures, at Exhibit 8 (R.4 Materials, Ex.). Instead, the trench was 10 to 15 feet above the required depth of 76V2 feet. Decision, at 96,936.

Plaintiff contended that it had dredged the trench to the depth of 80 feet.

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Cite This Page — Counsel Stack

Bluebook (online)
36 Cont. Cas. Fed. 75,835, 20 Cl. Ct. 53, 1990 U.S. Claims LEXIS 87, 1990 WL 34551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maitland-bros-v-united-states-cc-1990.