Sofarelli Associates, Inc. v. United States

30 Cont. Cas. Fed. 70,530, 1 Cl. Ct. 241, 1982 U.S. Claims LEXIS 2304
CourtUnited States Court of Claims
DecidedNovember 18, 1982
DocketNo. 384-80C
StatusPublished
Cited by4 cases

This text of 30 Cont. Cas. Fed. 70,530 (Sofarelli Associates, Inc. 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
Sofarelli Associates, Inc. v. United States, 30 Cont. Cas. Fed. 70,530, 1 Cl. Ct. 241, 1982 U.S. Claims LEXIS 2304 (cc 1982).

Opinion

OPINION

HOGENSON, Judge:

Plaintiffs Sofarelli Associates, Inc. and Sofarelli Associates, Ltd. (hereinafter referred to jointly and singularly as Sofarelli) bring this action for damages and/or an equitable adjustment under the “CHANGES” clause of a Government construction contract. Sofarelli seeks to recover the extra costs allegedly incurred in running conduit and wire from certain fan coil heating and air conditioning units to remotely mounted fan speed switches on the principal ground that the original contract specifications and drawings were ambiguous. The court finds that Sofarelli was aware of the potential ambiguity in the contract prior to submitting its bid and yet did not properly ensure that appropriate amendments were made to the bid package and is therefore not entitled to recover.

FACTS

The court finds the following relevant facts:

1. Plaintiff entered into a contract with the United States Department of the Navy on May 9,1977, to construct bachelor enlisted quarters and a mess hall at the Marine Corps base at Camp Lejeune, North Carolina. The contract identification number was N62470-75-C-5320. It incorporated the bid documents of the invitation for bids for the same project, number N62470-75B-5320.

2. Section 15654 of the mechanical division of the contract sets forth the air conditioning, heating and ventilating specifications. Interior electrical specifications are set forth in section 16402 of the electrical division. Sections 15654 and 16402 cross reference one another, indicating that certain electrical requirements are contained [243]*243in the mechanical section and certain mechanical requirements in the electrical section.

3. The contract drawings are arranged by division, the mechanical drawings shown as M-la through M-10 and the electrical drawings shown as E-la through E-12.

4. The contract provides for the installation of fan coil units as the heating and cooling mechanism for the various rooms constructed. The operation of the fan coil units, particularly the thermostatically controlled valves regulating the flow of hot and cold water through the units and the fan blowing air through them, necessitates the connection of controls and electrical power to the units.

5. The contract provisions pertinent to this case are as follows:

A. Subsection 5, captioned “INQUIRIES,” of section 00101, entitled “BIDDING INFORMATION,” provides:

All questions concerning the bidding or any other phase of the plans and specifications occuring prior to bid opening shall be presented to the Design Division, Atlantic Division, Naval Facilities Engineering Command, Building N-26, Room 307, Naval Station, Norfolk, Virginia 23511, telephone 444 — 7631, area code 804. Questions requiring interpretation of drawings and specifications must be submitted at least 10 days before bid opening. Interpretations or modifications to specifications made as a result of questions will be made by amendment only, and unless so done, all bidders should base their bids on the plans and specifications as issued.

B. Paragraph 2, captioned “SPECIFICATIONS AND DRAWINGS,” of the “GENERAL PROVISIONS,” provides in part:

* * * Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned on the specifications, shall be of like effect as if shown or mentioned on both. In case of difference between drawings and specifications, the specifications shall govern. In the case of discrepancy either in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. * * *

C. Subsection 5, captioned “FAN COIL UNITS,” of section 15654, entitled “AIR CONDITIONING, HEATING AND VENTILATING” (within the mechanical division), provides in part:

* * * Controls shall be as specified hereinafter and shall be furnished by the temperature control manufacturer for mounting inside the cabinet.

D. Subsection 9, captioned “ELECTRICAL,” of section 15654 (within the mechanical division) provides in part:

9.1 Motors and controllers shall be furnished with their respective pieces of equipment; and shall conform to and shall have all electrical connections provided under division entitled “Electrical.”
9.2 Electrical work is specified in the division entitled “Electrical,” except for control wiring. Control wiring shall be provided under this section and shall conform to NFPA 70. * * *

E. Subsection 4, captioned “GENERAL REQUIREMENTS,” of section 16402, entitled “INTERIOR ELECTRICAL SYSTEMS” (within the electrical division), provides in part:

* * * The contract drawings indicate the extent and general arrangement of equipment, fixtures, and conduit and wiring systems. * * *

F. Subsection 7, captioned “INSTALLATION,” of section 16402 (within the electrical division) provides in part:

7.9 Disconnect Switches: Disconnect switches shall be provided where indicated.
7.11 Motors and Controllers: Motors and controllers furnished under the division entitled “Mechanical” shall be installed under this section. Motors and controllers shall be mounted and wired to operate as indicated.
* * * * * *
[244]*2447.16 Equipment Connections: All power wiring for the connection of motors and control equipment as indicated on the electrical drawings shall be provided under this section of the specification. Except as otherwise specifically noted or specified, automatic control wiring, control devices, and protective devices within the control circuitry are not included in this section of the specifications, but shall be provided under SECTION: 15654 Air Conditioning, Heating and Ventilating.

6. The contract drawings pertinent to this case are Nos. M-2 and M-5 of the mechanical drawings and E-la, E-lb and E-4 of the electrical drawings.

A. Drawing M-2 shows, among other things, the location of thermostats on the walls separating the bathrooms from the sleeping quarters of the various rooms constructed. These are denoted by a “T” inside a circle, although no legend in any part of the drawings explicitly defines the symbol.

B. Drawing M-5, as amended, includes among other diagrams, the fan coil unit control diagram for the bachelor enlisted quarters (BEQ). The diagram depicts control wiring for a fan coil unit fan speed switch with “Off/Hi/Med/Lo” settings. The caption to the diagram states in part “F stat & fan switch shall be mounted on separate wall plates adjacent to each other.” The diagram did not otherwise locate the position in the BEQ rooms of the fan switch or the thermostat.

C. Drawing E-la and E-lb contain legends indicating that the fan coil units noted on the subsequent drawings were “with integral disconnecting means unless otherwise noted.”

D. Drawing E-4 depicts in part the wiring for the typical bathroom layout in the BEQ, including the location of the fan coil unit within each BEQ unit. The drawing shows power wiring coming directly to the fan coil unit, as mounted on the ceiling.

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Bluebook (online)
30 Cont. Cas. Fed. 70,530, 1 Cl. Ct. 241, 1982 U.S. Claims LEXIS 2304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sofarelli-associates-inc-v-united-states-cc-1982.