R.P. Richards Construction Co. v. United States

51 Fed. Cl. 116, 2001 U.S. Claims LEXIS 218, 2001 WL 1566728
CourtUnited States Court of Federal Claims
DecidedNovember 8, 2001
DocketNo. 97-432C
StatusPublished
Cited by4 cases

This text of 51 Fed. Cl. 116 (R.P. Richards Construction Co. 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
R.P. Richards Construction Co. v. United States, 51 Fed. Cl. 116, 2001 U.S. Claims LEXIS 218, 2001 WL 1566728 (uscfc 2001).

Opinion

OPINION

MARGOLIS, Senior Judge.

In its first cause of action, plaintiff, R.P. Richards Construction Company, seeks compensation on behalf of its subcontractor Romero General Construction (“Romero ) for additional costs incurred as a result of additions and deletions to asphalt quantities and patch sizes and associated asphalt related repairs along two asphalt paved roads on Camp Pendleton Marine Corps Base, California (the “patch size claim”). In its second cause of action, plaintiff seeks compensation for additional costs arising out of four claims: (1) a stop work claim on August 7, 1995; (2) a stop work elaim/two week delay from August 8 through August 21, 1995; (3) a claim for severing a utility line; and (4) a claim for disruptive changes in phasing/remobilization. Based on the evidence presented at a three-day trial in San Diego, California, on May 22-24, 2001, as well as the parties’ pre- and post-trial briefs, this Court holds that plaintiffs first cause of action for changes in patch size is covered by modification P00004 and therefore must fail. With respect to plaintiffs second cause of action, this Court finds that the government is liable for costs incurred as a result of the work stoppage on August 7, 1995, the two week delay from August 8 through August 22, 1995, and the severed utility line. The plaintiffs claim for disruptive changes in phasing/remobilization, however, is denied.

FACTS

A. First Cause of Action — Patch Size Claim,

On May 18, 1995, plaintiff entered into a firm, fixed price construction contract with the Department of the Navy (“Navy”) to repair Basilone and Las Pulgas Roads at the Camp Pendleton Marine Corps Base in Oceanside, California. The plaintiff contracted to complete 401,846 square feet of full depth asphalt patching. The contract required plaintiff to cut and remove old asphalt patches, repair the underlying base as required and put in new asphalt patches. On June 26, 1995, plaintiff subcontracted with Romero to provide all labor, equipment, supervision, shipping, storage, and materials necessary to repair Basilone and Las Pulgas Roads. Under the original contract, plaintiff was to remove approximately 371,000 square feet along Basilone Road and approximately 31,000 square feet along Las Pulgas Road. [118]*118Due to limited funds available for the contract, the Navy could not exceed these square footage totals. As contracted, the asphalt patching was divided into three phases: (1) Phase I: Basilone Road from the San Onofre gate to Las Pulgas; (2) Phase II: Basilone Road at Vandegrift Boulevard and the Three-Mile Pit Road; and (3) Phase III: Intersection of Basilone Road and Three-Mile Pit Road to Las Pulgas Road. The Navy increased work in phase one along Basilone Road because of increased deterioration.1 Thus, in order to remain within its square footage limitation, to compensate for the increase along Basilone Road and to ensure that only the most critical areas were repaired, the Navy deleted approximately 30,-000 square feet of patching along Las Pulgas Road and approximately 281,000 square feet in part of phase one and all of phase two. It also added approximately 54,000 square feet in phase two. In total, the Navy added and deleted approximately 311,000 square feet of patching. Even with all of the changes there is no dispute that the Navy subtracted from the contract almost the same amount of square footage asphalt that it added due to the deterioration.

Despite the fact that the total square footage remained approximately the same, the Navy’s redesign increased the actual number of patch removals and simultaneously decreased the average square footage per patch. The actual patches removed were smaller, non-symmetrical and had multiple edges. Plaintiff claims that the reduced size and change in overall shape made the contract much more costly to complete.2 Consequently, on September 12, 1995, Romero alerted plaintiff of the increased costs:

The new areas ... differ greatly from the scope of the contract that we agreed upon. As a result we cannot operate at the same unit cost and therefore our average cost per square foot over the entire job is negatively affected. Due to this change we believe an increase of price per unit is required.

PI Ex 147. On September 18, 1995, plaintiff replied to Romero stating, “[t]he Navy has responded verbally that they consider none of the additions or deletions made to date to alter the scope of the contract. The unit price covers all work performed to date.” Df Ex 16. At that point in time, plaintiff concurred with the Navy that “the mark-out differences [did not] constitute a contract change,” but plaintiff gave Romero the opportunity to provide additional documentation in support of its claim. Df Ex 16. Romero submitted a letter containing a more complete description of its increased per unit costs on September 20, 1995. This letter explains the inefficiencies and increased costs associated with increasing the number of patches at a reduced size. Romero stated:

Knowing that we would remove on average 1070 square feet per patch we felt comfortable with our original price. Removing [instead] 500 + square feet per patch has increased our costs dramatically. It was impossible to foresee this change since each days (sic) work was painted out one day before.
Due to such a change in scope we are requesting an additional [$].48/per SF for the 379,000 square feet already removed.

PI Ex 5-97.

As a result, on December 18, 1995, plaintiff submitted a Request for Equitable Adjustment (“REA”) and supporting documents to the Navy on behalf of Romero to recover for the alleged increase in costs. The REA states that “change in character of work” includes both the changes to the quantity of patch areas and the size of each individual patch area. Chapter 1-20 of the REA specifies that the complaint is about the change in the size of each patch and states, “the difference in the character of work between the as [119]*119planned and the as built can be seen clearly in the graphical representation of the as built versus the as planned average square footage per patch per sheet.” PI Ex 5-6. Chapter 1-21 compares the as-planned area at approximately “25 areas for removal and patching at an average square footage of approximately 3,496 square feet per patch” with the area as built to be “approximately 93 areas for removal and patching at an average square footage of approximately 645 square feet per patch____” PI Ex 5-6. Chapter 1-21 further states that this change in patch size “constitutes a change in scope of work” for that specific area.3 PI Ex 5-6.

Throughout the contract, plaintiff and the Navy executed nine modifications to cover the numerous changes made to the original contract. On September 11, 1995, in modification P00004, they specifically negotiated the terms of the additions and deletions to the full depth patching as built versus as planned. Modification P00004 states in relevant part:

As negotiated on 11 September 1995, the parties hereto mutually agree to the following:
1. Delete all contract quantities of full depth patching on Basoline Rd. between stations 0 + 0 & 723 + 60, approximately 281,000 square feet, and on Las Pulgas Rd. between stations 0 + 0 and 267 + 50, approximately 30,000 square feet.

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Cite This Page — Counsel Stack

Bluebook (online)
51 Fed. Cl. 116, 2001 U.S. Claims LEXIS 218, 2001 WL 1566728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rp-richards-construction-co-v-united-states-uscfc-2001.