Pete Vicari General Contractor, Inc. v. United States

51 Fed. Cl. 161, 2001 U.S. Claims LEXIS 247, 2001 WL 1560552
CourtUnited States Court of Federal Claims
DecidedDecember 6, 2001
DocketNo. 00-337C
StatusPublished
Cited by4 cases

This text of 51 Fed. Cl. 161 (Pete Vicari General Contractor, 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
Pete Vicari General Contractor, Inc. v. United States, 51 Fed. Cl. 161, 2001 U.S. Claims LEXIS 247, 2001 WL 1560552 (uscfc 2001).

Opinion

OPINION

FIRESTONE, Judge.

This contract dispute comes before the court on the government’s motion for partial summary judgment and the plaintiffs motion for summary judgment. The case arises over a contract entered into in 1998 between the United States Navy (“Navy”) and Pete [163]*163Vicari General Contractor, Inc. (“Vicari” or “the contractor”). The contract provided for construction of facilities at the Naval Air Station in New Orleans, Louisiana. In its motion for summary judgment, Vicari asserts that the government owes the contractor delay damages for improperly refusing to allow Vicari to timely proceed with the second phase of the contract. Vicari also seeks an equitable adjustment for costs it alleges it incurred in performing engineering work that was to have also been performed by the government. In its motion for partial summary judgment, the government argues that, as a matter of law, the government did not delay the contract, and thus Vicari is not entitled to delay damages. The government also argues that there are facts in dispute which preclude summary judgment on Vicari’s claim for reimbursement of costs attributable to performing the disputed engineering services.

For the reasons that follow, the court grants the government’s motion for partial summary judgment with regard to Vieari’s claims for delay damages in Counts I and II and denies the plaintiffs motion for summary judgment on Counts I and II. Plaintiffs motion for summary judgment on Count III is granted in part and denied in part.

FACTS

I. Background

A. The Contract

The following facts are not in dispute. On May 21, 1998, the Navy entered into Contract No. N62467-96-C-0969 with Vicari for the construction of a Base Civil Engineering and Communications Complex at the Naval Air Station in New Orleans, Louisiana. The contract award price was $6,011,823. The contract called for the work to be completed in three phases: Phases A, B, and C. The contract also provided a timeline for the completion of each of the phases: for the completion of Phase A, the contractor was to schedule 210 days from the notice to proceed; for Phase B, the contractor was to schedule 365 days from the completion of Phase A; and for Phase C, the contractor was to schedule 271 days from the completion of Phase B. The Navy issued the notice to proceed on June 5,1998.

Partway into the contract performance period, a modification was entered extending the completion dates for the three phases of the contract because of heavy rains in August and September 1998.1 Eleven days were added to the schedule, making the projected completion date for Phase A January 13, 1999, the completion date for Phase B January 13, 2000, and for Phase C October 30, 2000.

At issue in this litigation is the work required in Phase A of the contract. Phase A required Vicari to prepare the construction site by clearing, grubbing, draining, filling, compacting, and leveling the site in advance of the start of actual construction work. More specifically, the dispute in this case centers on the part of the contract dealing with the required compaction of the work site, a key component of Phase A. This compaction, or “densification,” was to be achieved through the placement of “surcharge” or “fill,” a layer of soil placed on top of the work site, the weight of which would compress the soil below it in preparation for its use as the foundation for the construction project. Section 02229 of the contract, titled “Surcharge Placement,” detailed the tasks to be completed by Vicari in this phase of the contract.

The following are the relevant provisions of the contract between Vicari and the Navy concerning the now-disputed surcharge monitoring process:

Section 02229-SURCHARGE PLACEMENT2
PARTI GENERAL
1.3 SUBMITTALS
Submit the following in accordance with Section 01300, “Submittals.”
[164]*1641.3.2.1 Densification Procedures
Submit procedures for surcharge placement, wick drain and horizontal strip drain placement. Monitoring and scheduling to assure the adequate consolidation is to be preformed [sic] by a registered Geotechnical Engineer.
1.3.4.2 Settlement Plate Logs
Submit log to include settlement plate elevations at the beginning and upon completion of fill placement and weekly thereafter for a minimum of 120 days or until additional settlement is expected to be less than $ inch.
1.4 REQUIREMENTS
1.4.2 Wick Drains
At all areas of surcharge indicated on the drawings, provide wick drains spaced at a 5 foot on-center triangular pattern to a depth of 60 feet below existing grade as outlined in paragraph entitled “Wick Drain Placement” later in this section. Contractor shall schedule placement of wick drains, strip drains and fill placement a minimum of 180 calendar days prior to the start of any foundation work
1.5 QUALITY ASSURANCE
1.5.1 Surcharge Placement
1.5.1.1 Monitoring Program
The actual duration of the surcharge will depend on the observed rate of consolidation of the subsurface soils. Instrumentation used to monitor the surcharge should consist of settlement plates and pore pressure transducers. The Contractor is to retain a registered Geotechnical Engineer to monitor and evaluate data from these instruments. Settlement plates and pore pressure transducers are to be monitored on a bi-weekly basis to provide sufficient data for evaluation. ...
1.5.1.2 Settlement Plates
A minimum of 6 settlement plates are [sic] to be installed at each building location. Data collected from the settlement plates will be used to verify or revise the estimated rate of settlement. Settlement plates need to be installed by the Contractor at the Geotechnical Engineer’s direction with zero readings established by the Geotech prior to placement of the preload fill.
PART 3 EXECUTION
3.2.3 Settlement Monitoring
After site preparation and wick drain placement and prior to surcharge and placement, install settlement plates as prefiously [sic] indicated____ The Owner’s Geotechnical Engineer will survey the elevation of all settlement plates immediately after installation (immediately after wick drain placement), and weekly after completion of structural fill and surcharge. Upon completion of fill placement, the site shall be allowed to consolidate until the settlement plate data indicates additional settlement will be less than \ inch. Contractor shall schedule a minimum of 180 days for this process. Do not proceed with foundation work in these areas until the Geotechnical Engineer has verified in writing that the consolidation process is complete and the approval of the Contracting Officer is obtained.

An additional part of the contract, Section 01300, provided more specificity regarding the requirements and timelines for the submittals required of Vicari during the construction project.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Anchorage v. United States
123 F.4th 1315 (Federal Circuit, 2024)
Global Computer Enterprises, Inc. v. United States
88 Fed. Cl. 350 (Federal Claims, 2009)
Son Broadcasting, Inc. v. United States
52 Fed. Cl. 815 (Federal Claims, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
51 Fed. Cl. 161, 2001 U.S. Claims LEXIS 247, 2001 WL 1560552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pete-vicari-general-contractor-inc-v-united-states-uscfc-2001.