Metric Constructors, Inc. v. United States

44 Fed. Cl. 513, 1999 U.S. Claims LEXIS 191, 1999 WL 588201
CourtUnited States Court of Federal Claims
DecidedAugust 5, 1999
DocketNo. 96-72C, 96-73C
StatusPublished
Cited by13 cases

This text of 44 Fed. Cl. 513 (Metric Constructors, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metric Constructors, Inc. v. United States, 44 Fed. Cl. 513, 1999 U.S. Claims LEXIS 191, 1999 WL 588201 (uscfc 1999).

Opinion

OPINION

HEWITT, Judge.

Plaintiff, Metric Constructors (“Metric”), seeks to recover expenses it incurred while completing work on the plumbing and air ventilation systems of the Kennedy Space Center (“KSC”) Space Station Processing Facility (“SSPF”)1 under a contract with the National Aeronautics and Space Administration (“NASA”). Metric alleges that the Contracting Officer (“CO”) required Metric to insulate the heat pumps in the plumbing system (“heat pumps”) and the flexible duct-work in the air ventilation system (“flexible ductwork”) even though there was no contractual requirement to insulate either the heat pumps or the flexible ductwork. Metric also alleges that it was instructed by NASA technical advisors not to insulate the flexible ductwork and then was later directed by the CO to remobilize workers, at additional cost, to insulate the flexible ductwork. Finally, Metric claims that the contract was defective [516]*516because it did not specify how to insulate the flexible ductwork.

Defendant, the United States (the “government” or “NASA”), seeks summary judgment under Rule 56(c). of the Rules of the United States Court of Federal Claims (“RCFC”) on the grounds that the language of the contract required Metric to insulate the heat pumps and the flexible ductwork and that NASA’s technical representatives were unauthorized to instruct Metric not to insulate the flexible ductwork. Metric also seeks summary judgment by cross-motion.

As explained below, the court lacks subject matter jurisdiction over Metric’s claim that the contract was defective. Metric’s claims that the language of the contract did not require insulation of the heat pumps or of the flexible ductwork, and its claim regarding the instruction from the NASA technical advisors, however, are within the court’s jurisdiction. In its response to the government’s motion for summary judgment, Metric conceded that the NASA technical advisors did not have the authority to instruct Metric not to insulate the flexible ductwork. Plaintiffs Response (“Pl.’s Response”) at 10. The remaining issues are whether the contract required either insulation of the heat pumps or insulation of the flexible ductwork. For the following reasons, the government’s motion is GRANTED with respect to the insulation of the heat pumps and DENIED with respect to the flexible ductwork. Metric’s cross-motion is DENIED in its entirety.

I. Background

A. The Heat Pumps

The facts in this case are undisputed by the parties.2 On February 15,1991, the government awarded Contract No. NAS1011800 to Metric based upon a sealed bid totaling $56,215,000.00. The work required under the contract included the construction of the KSC SSPF.

Requirements for the insulation of pumps in the heated and chilled water systems were included in the contract in section 15260 in four separate paragraphs.3 The first paragraph described the requirement to insulate different parts of the plumbing system. The second paragraph listed which of the separate systems within the plumbing system required insulation; included was the heated and chilled water equipment system. The third paragraph described the specifications for insulation of the heated and chilled water equipment system; pumps were included among the equipment to be insulated. The fourth paragraph dealt with the type of insulation required and the procedure for its installation.

A dispute arose between Metric and the government concerning whether or not the heat pumps in the plumbing system were required to be insulated under the language of the contract. Metric sent a request for information to the CO in which it stated its position that only the chilled water pumps required insulation or, alternatively, that the heat pumps could not be insulated with the type of insulation specified if Metric was to comply with the contract’s requirement to leave the heat pumps accessible for repair. The CO responded that insulation of the heat pumps was required under the language of the contract and that a change order would not be issued.4 The CO suggested that Metric submit a deviation waiver for any change it wished to make regarding the type of [517]*517insulation.5 Metric submitted a deviation waiver to change the type of insulation. Metric also sent a letter to the CO stating that it would complete the insulation of the heat pumps but protesting the CO’s denial of a change order and restating its belief that insulation of the heat pumps was not required under the contract. After installing the insulation for the heat pumps Metric submitted a claim to the CO for $13,514.00.

B. The Flexible Ductwork

Requirements for insulation of the duct-work in the air ventilation system were included in the contract in section 15258 in two separate paragraphs.6 The first paragraph listed the specific parts of the air ductwork system to be insulated and the type of insulation to be used, including areas where flexible ductwork was used.7 The second paragraph described the type of insulation specified and the requirements for its installation. The type of insulation specified was a rigid type “T-13;” the specifications noted that T-13 was for sheet metal surfaces. The parties agree that the flexible ductwork was not made of sheet metal.8

On April 27,1993, Metric met with a group of NASA’s technical representatives (a group which did not include the CO) and requested a clarification of whether the flexible duct-work required insulation. Metric was advised that the flexible ductwork did not need to be insulated. During two meetings with NASA’s technical representatives that took place on September 2, 1993, Metric was informed that it was required to insulate the flexible ductwork. On October 7, 1993, Metric contacted the CO for the first time regarding the flexible ductwork to request a change order to compensate for the added labor costs that it would have to incur in order to send workers back on the job to insulate the flexible ductwork. The CO denied the change order and told Metric that the insulation had always been a requirement of the contract. Metric then submitted a letter to the CO requesting a change order or the CO’s specific direction on how to insulate the flexible ductwork because Metric believed that the “T-13” rigid type of insulation required for the outside air and supply air ductwork would be impossible to install on the flexible ductwork. The CO denied the change order on the basis of the language of the contract. The CO also stated that, notwithstanding that the meeting between Metric and NASA’s representatives on April 27, 1993 had concluded that the insulation could be omitted, the insulation had remained a contractual requirement. Metric then submitted a certified claim to the CO for $66,-082.00 for the cost of insulating the flexible ductwork.

The CO denied Metric’s claim regarding the insulation of the heat pumps and its claim regarding insulation of the flexible ductwork. Metric appealed the CO’s decisions to this court.

C. Proceedings In This Court

This case originally came before the court in two separate suits—No. 96-72C, regard[518]*518ing the heat pumps, and No. 96-73C, regarding the flexible ductwork. Both complaints were filed on February 8, 1996.

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Bluebook (online)
44 Fed. Cl. 513, 1999 U.S. Claims LEXIS 191, 1999 WL 588201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metric-constructors-inc-v-united-states-uscfc-1999.