Technicolor Government Services, Inc. v. United States

12 Cl. Ct. 316, 1987 U.S. Claims LEXIS 82
CourtUnited States Court of Claims
DecidedMay 7, 1987
DocketNo. 659-84C
StatusPublished

This text of 12 Cl. Ct. 316 (Technicolor Government Services, 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
Technicolor Government Services, Inc. v. United States, 12 Cl. Ct. 316, 1987 U.S. Claims LEXIS 82 (cc 1987).

Opinion

ORDER

SMITH, Chief Judge:

This case is before the court on defendant’s motion for partial summary judgment with respect to six out of 15 of plaintiff’s claims for alleged breaches of a requirements contract awarded and administered by the Naval Supply Center, San Diego. The dispute centers upon the parties’ conflicting interpretations of various provisions of that contract. For the reasons set forth below, the court rejects defendant’s arguments and, accordingly, defendant’s motion for partial summary judgment is denied. The Claims Court has jurisdiction over the subject matter of this suit pursuant to 28 U.S.C. § 1491 (1982) and the Contract Disputes Act of 1978, 41 U.S.C. § 609(a)(1) (1982).

Facts

On April 19,1983, the Department of the Navy awarded Technicolor Government Services, Inc. (“TGS” or “plaintiff”) contract number N00244-83-D-1539. Pursuant to the terms of this requirements contract, plaintiff was to provide the Naval Supply Center, San Diego, with audiovisual productions, graphic arts, still photography, television, motion picture, film library services, and equipment maintenance at the Naval Education and Training Support Center, Pacific Facilities.

On August 16, 1984, and again on January 15, 1985, plaintiff submitted certified claims for equitable adjustments in the amounts of $637,092.15 and $188,396.76, respectively. The final decision of the contracting officer dated March 29, 1985, determined that plaintiff was entitled to an equitable adjustment in the amount of $29,364.59 and that the government was entitled to $185,520.89 due to plaintiff’s failure to maintain government equipment.

Plaintiff’s amended complaint, filed May 10, 1985, alleges 15 different constructive changes. Defendant’s motion for partial summary judgment asserts that six of those claims are founded upon an unreasonable interpretation of the contract and since there are no material issues of fact, it is entitled to judgment in its favor. See generally RUSCC 56(b).

Discussion

Summary judgment is appropriate only when there are no issues of material fact in dispute and judgment is appropriate as a matter of law. Weide v. United States, 4 Cl.Ct. 432 (1984), aff'd, 765 F.2d 157 (Fed.Cir.1985), cert. denied, 474 U.S. 822, 106 S.Ct. 74, 88 L.Ed.2d 61 (1985). Further, all doubts relative to material facts in issue for the purposes of ruling on defendant’s summary judgment motion must be resolved against the defendant as the moving party. South Louisiana Grain Services, Inc. v. United States, 1 Cl.Ct. 281 (1982). Moreover, in view of the fact that defendant’s motion is for partial summary judgment, the court shall examine the record in the light of an even more rigorous standard than where a motion may entirely dispose of the need for any trial. The court is very conscious of the high cost of litigation to all parties and wishes to avoid forcing double expenditures of resources in the event the court’s analysis is wrong. Since a trial will be held regardless of whether defendant’s motion is granted, the court finds in this circumstance that to grant defendant’s request [318]*318would not be in the interests of the efficient administration of justice.

Issue One

Whether black and white photographs larger than 20" X 24" were to be ordered under line items 0018AQ and 0018AR?

Although defendant argues that the contract language makes it clear that 0018AQ and 0018AR concern the production of photographs ranging in size between 20" X 24" and 42" x 8', plaintiff contends that almost a year into the performance of the contract the contracting officer added new line items 0018AS to 0018AV which reflects that the contract was defective due to its failure to provide for all the necessary line items. Plaintiff argues that due to Dr. Sauer’s

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

Related

South Louisiana Grain Services, Inc. v. United States
30 Cont. Cas. Fed. 70,493 (Court of Claims, 1982)
Weide v. United States
4 Cl. Ct. 432 (Court of Claims, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
12 Cl. Ct. 316, 1987 U.S. Claims LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/technicolor-government-services-inc-v-united-states-cc-1987.