Millimet Construction Co. v. United States

83 F. Supp. 691, 113 Ct. Cl. 316, 1949 U.S. Ct. Cl. LEXIS 51
CourtUnited States Court of Claims
DecidedMay 2, 1949
DocketNo. 46130
StatusPublished

This text of 83 F. Supp. 691 (Millimet 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
Millimet Construction Co. v. United States, 83 F. Supp. 691, 113 Ct. Cl. 316, 1949 U.S. Ct. Cl. LEXIS 51 (cc 1949).

Opinion

Littleton, Judge,

delivered the opinion of the court:

Plaintiff entered into a contract with defendant March 10, 1938, for the remodeling of the Grand Central Annex Post Office Building in New York City, for a lump sum consideration of $1,849,000. The original period for completion of the work was 360 calendar days after March 24, 1938. The period so fixed expired March 19, 1939. The defendant took possession of the substantially completed work on April 14,1940. The defendant was liberal in granting extensions of time. Extensions of time totaling 396 days were granted which extended the completion date to April 18, 1940. Of these extensions, 253 days were allowed under Article 3 in connection with changes (there were about 76 change orders issued), and 143 days were allowed under Article 9 on account of strikes and other conditions determined to have been beyond the control of the contractor or the Government.

Plaintiff alleges, among other things, that the Government breached the contract to its damage in numerous instances by unreasonably interfering with and delaying the progress of the work of plaintiff and its subcontractors for steel, electrical, and plumbing work, including the issuance of certain change orders for work which should have been anticipated when the specifications were prepared; by requiring plaintiff and certain of its subcontractors to perform numerous items of work as a part of the contract which involved [404]*404extra work outside the requirements of the contract; by refusing to allow plaintiff to remove and keep as its property certain pneumatic tube equipment of the alleged value of $40,440, and by making an excessive deduction for the elimination of metal window louvers.

Plaintiff’s claim for damages in the total amount of $183,-115.54 is made up of the following items:

General interference and delay:
1. Plaintiff’s excess office and job overhead expense, workmen’s compensation, social security, etc., 160 days-$16, 783.76
2. Steel subcontractor’s excess overhead expense, etc., 25 weeks’ delay on stage 1 work- 12,134. 80
Loss due to inefficiency and lost motion of labor on steel work_ 12,151.35
Storage, lighterage, and special handling of steel due to defendant’s failure promptly to move into stage 1 when completedi- 1,100.29
3. Electrical subcontractor’s excess overhead expense- 11,384. 86
Loss on labor costs- 12,733.00
Insurance and miscellaneous expense_ 1,400. 63
Total on delay items- 67,988. 69
Plumbing subcontractor’s excess costs for extra work, interference, and delay:
4. Insulation of hot water tanks- 225. 00
5. Lead pans for cornice drains- 810.83
6. Removal of pipes below ground floor- 2.239.59
7. Occupancy by defendant’s engineer of space in work area_ 5,190.30
8. Flashings for roof drains,.- 70. 65
9. Cleaning drains- 525. 40
10. Changing pipes installed around elevator hatch_ 52.53
11. Temporary connections for drinking water_ 262. 70
12. Additional cost — lack of access to stage 2 during stage 1 work_ 2,889.15
13. Additional cost of maintaining plumbing in stage 1— 1,751. 35
14. Setting toilet facilities temporarily_ 315.29
15. Removal of water main and meter- 733.00
Total of plumbing items- 15, 065. 79
16. Pneumatic tube equipment value_ 40,440.00
17. Extra work — acoustical material and labor- 2, 093.72
18. Extra concrete work in vault light area_ 1,734.17
19. Cost of temporary heating facilities_ 5, 643.17
20. Excess deduction for metal louvers eliminated_ 750. 00
Total. 133,715. 54

[405]*4051. The essential facts shown by the record with reference to the nature of the contract work and to the interferences and delays of which plaintiff complains are set forth in findings 2 to 21, inclusive. The evidence submitted and our findings of fact thereon show that plaintiff’s difficulties and delays were due primarily to the nature of the work; the general conditions under which the contract work had to be performed, .which were anticipated by the contract and disclosed in the specifications and drawings; to delay in the delivery and erection of structural steel; to the failure of plaintiff to plan and co-ordinate its own work and that of its various subcontractors, and to certain conditions beyond the control of either party. Magoba Construction Company v. United States, 99 C. Cls. 662.

The contract provided that the building was to be occupied by the post office during the life of the contract and that all work required under the contract should be carried on in such a manner as to cause no interruption to or interference with Government business. There were approximately 2,000 postal employees regularly working within the building during the remodeling, which force was augmented by about 1,000 temporary employees during the Christmas holiday period.

When plaintiff’s evidence is considered and weighed in connection with the working conditions which were anticipated by the contract and which plaintiff should have anticipated ; the delays which were caused by plaintiff; the delays which were not due to the fault of either party; and the reserved right of defendant to make changes in the drawings and specifications, such evidence falls far short of establishing that the defendant unreasonably delayed the work of plaintiff or that of its subcontractors, either generally or in connection with the issuance of changed orders; or, that defendant acted arbitrarily or delayed unreasonably in acting with reference to any matter concerning which it was required to act under the contract. See finding 22.

In view of the findings which fully cover the several items of delay upon which plaintiff bases its claim, and which show to our satisfaction that there was no breach of the contract by defendant, no useful purpose would be served by [406]*406again discussing the facts here. The plaintiff is not entitled to recover on this phase of its claim.

2. The next claim of plaintiff is for $15,065.79 and is made up of 12 items relating to plumbing work listed above as items 4 to 15, inclusive. Plaintiff insists that these items involved extra work not required by the contract and that the costs incurred in connection therewith should have been paid in addition to the stipulated contract price.

Insulation of hot water tanks. — The essential facts concerning this claim for $225 are set forth in finding 62. This work was specifically required by the standard specifications for plumbing which were a part of plaintiff’s contract.

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Related

United States v. Callahan Walker Construction Co.
317 U.S. 56 (Supreme Court, 1942)
James Stewart & Co. v. United States
63 F. Supp. 653 (Court of Claims, 1946)
Magoba Construction Co. v. United States
99 Ct. Cl. 662 (Court of Claims, 1943)
Olson Construction Co. v. United States
75 F. Supp. 1014 (Court of Claims, 1948)

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Bluebook (online)
83 F. Supp. 691, 113 Ct. Cl. 316, 1949 U.S. Ct. Cl. LEXIS 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/millimet-construction-co-v-united-states-cc-1949.