R.B. Wright Construction Co., Through Its Subcontractor, Rembrant, Inc. v. The United States

919 F.2d 1569, 36 Cont. Cas. Fed. 75,969, 1990 U.S. App. LEXIS 20403, 1990 WL 181235
CourtCourt of Appeals for the Federal Circuit
DecidedNovember 20, 1990
Docket90-1188
StatusPublished
Cited by41 cases

This text of 919 F.2d 1569 (R.B. Wright Construction Co., Through Its Subcontractor, Rembrant, Inc. v. The United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
R.B. Wright Construction Co., Through Its Subcontractor, Rembrant, Inc. v. The United States, 919 F.2d 1569, 36 Cont. Cas. Fed. 75,969, 1990 U.S. App. LEXIS 20403, 1990 WL 181235 (Fed. Cir. 1990).

Opinions

FRIEDMAN, Senior Circuit Judge.

The sole question in this case, here on appeal from the Armed Services Board of Contract Appeals (Board), is whether a government contract that required the contractor to apply three coats of paint contained an implied exception for previously-painted surfaces which, according to the contractor, required only two coats. The Board held that the contract was unambiguous and required three coats. We affirm.

[1570]*1570I

A. The appellant Wright entered into three contracts with the government for miscellaneous repairs, including painting, to approximately 200 World War II-era barracks and office buildings at Fort Gordon, Georgia. A single architect-engineer designed the plan, but due to funding requirements seven contracts were awarded for the work. The three contracts awarded to Wright contained drawings identifying the areas to be painted and specifications detailing the surface preparation, type of paint, and number of coats for each surface to be painted. The great majority of the surfaces to be painted had been previously painted.

Each contract contained a specification section 9P2A, Painting, General. Paragraph 14 of 9P2A read:

14. SURFACES TO BE PAINTED: Surfaces listed in the PAINTING SCHEDULE, other than those listed in paragraphs SURFACES NOT REQUIRING PAINTING and SURFACES FOR WHICH PAINTING IS PROHIBITED, will receive the surface preparation, paints, and number of coats prescribed in the schedule.

Paragraph 18 provided:

PAINTING SCHEDULE: The PAINTING SCHEDULE prescribes the surfaces to be painted, required preparation, and the number and types of coats of paint....

The painting schedule contained five columns listing, for each of various surfaces, the type of surface preparation, and specifying the type of paint for three coats. A typical example was as follows:

[[Image here]]

For a number of surfaces, however, the for the schedule stated “None” under the listing read: ‘3rd Coat.” For example, one item

The painting schedule had 38 separate items for different surfaces, 26 of which specified “None” for the “3rd Coat.” The surfaces listed in the painting schedule included wood, ferrous, concrete, metal and plaster.

B. After the work on the first building had been completed, the government discovered a previously-painted wall that, in its opinion, had not been properly repainted (its old color, purple, could still be seen). The government learned that Rembrant, Wright’s painting subcontractor and the real party-in-interest, had applied only one coat of paint to the wall and to other previously-painted surfaces. In accordance with [1571]*1571its interpretation of the contract, the government ordered Wright to (1) apply three coats of paint to every surface where — according to the painting schedule and without regard to whether it had been previously painted — three coats were required, or (2) give it credit for any work not performed. Upon Wright’s request, Rem-brant performed the work as the government directed.

Rembrant viewed the additional painting as extra work not required under the contracts, and submitted claims to Wright for the extra cost. Wright in turn submitted the claims to the government, with its own additions for overhead and profit. The contracting officer denied the claims.

Wright filed, on behalf of Rembrant, a timely appeal to the Board. Before the Board, Wright argued that the painting schedule did not apply to previously-painted surfaces, but only to unpainted ones, and that the painting of previously-painted surfaces constituted extra work under the contracts, for which it was entitled to additional compensation. Wright claimed that in so interpreting the contract, Rembrant properly relied upon customary practice in the painting business and the needs of each particular surface.

A five-member panel of the Board, one member dissenting, denied the appeals. The Board held that section 9P2A and the painting schedule unambiguously specified the requirements for both previously-painted and unpainted surfaces:

Paragraph 14 of the painting specification 9P2A imposed an unqualified requirement that all surfaces listed in the painting schedule (other than those expressly excepted) must receive the preparation, paints, and number of coats specified in that schedule. No exception or differentiation was made as to previously painted walls....
Given the unqualified requirement of the painting schedule, we conclude that the contract was clear on its face. The painting schedule unambiguously required three coats of paint for all surfaces mentioned....

R.B. Wright Constr. Co., 90-1 B.C.A. (CCH) ¶ 22,364, at 112,351 (ASBCA 1989) (emphasis in original).

II

The sole question is whether the contractual requirement that three coats of paint be applied to specified surfaces contains an implied exception that only two coats were required when the surface had been previously painted. Since contract interpretation is a question of law, the Board’s interpretation is not binding upon us. 41 U.S.C. § 609(b) (1988); George Hyman Constr. Co. v. United States, 832 F.2d 574, 579 (Fed.Cir.1987); American Elec. Laboratories, Inc. v. United States, 774 F.2d 1110, 1112 (Fed.Cir.1985). But because of the Board’s expertise on questions of government contracts, we give some weight to the Board’s interpretation of particular contractual language. Cf. United States v. Lockheed Corp., 817 F.2d 1565, 1567 (Fed.Cir.1987); Fortec Constructors v. United States, 760 F.2d 1288, 1291 (Fed.Cir.1985).

We agree with the Board that the contract was unambiguous in requiring three coats and contained no implied exception for previously-painted surfaces.

A. Paragraph 14 of section 9P2A specified that “Surfaces listed in the PAINTING SCHEDULE ... will receive the ... number of coats prescribed in the schedule.” This unequivocal language does not indicate, or even suggest, that it does not apply to previously-painted surfaces. Paragraph 18 provided that “The PAINTING SCHEDULE,” not industry practice or Rembrant’s view of what constituted necessary and proper painting, “prescribes ... the number and types of coats of paint....”

The painting schedule provided generally for three coats of paint, and contained an exception only for those surfaces for which “None” was specified as the type of paint. Nothing in the schedule suggests that, in addition to the 26 surfaces for which no third coat was required, there was an implied exception to the three-coat requirement for any surface that previously had [1572]*1572been painted. To the contrary, the three-coat requirement applied to all surfaces, whether previously painted or unpainted. As the Board stated:

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919 F.2d 1569, 36 Cont. Cas. Fed. 75,969, 1990 U.S. App. LEXIS 20403, 1990 WL 181235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rb-wright-construction-co-through-its-subcontractor-rembrant-inc-v-cafc-1990.