Tilley Constructors & Engineers, Inc. v. United States

35 Cont. Cas. Fed. 75,567, 15 Cl. Ct. 559, 1988 U.S. Claims LEXIS 155, 1988 WL 100529
CourtUnited States Court of Claims
DecidedSeptember 30, 1988
DocketNo. 587-85C
StatusPublished
Cited by4 cases

This text of 35 Cont. Cas. Fed. 75,567 (Tilley Constructors & Engineers, 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
Tilley Constructors & Engineers, Inc. v. United States, 35 Cont. Cas. Fed. 75,567, 15 Cl. Ct. 559, 1988 U.S. Claims LEXIS 155, 1988 WL 100529 (cc 1988).

Opinion

OPINION

REGINALD W. GIBSON, Judge:

Introduction

On October 4, 1985, Tilley Constructors & Engineers, Inc. (hereinafter Tilley or plaintiff) filed an action in this court for an equitable adjustment of its contract with the United States through the Department of the Navy (hereinafter government or defendant). Tilley contends that the government unilaterally modified the original contract after its bid was accepted. The gravamen thereof was that its performance under the allegedly modified contract cost Tilley $368,177.55 more than performance would have under the original agreement. Plaintiffs complaint also requests additional time in which to complete its performance under the modified contract.

This opinion addresses the government’s motion for partial summary judgment under RUSCC 56 which avers that the contract and the incorporated drawings, upon which Tilley bid, were patently clear in their meaning and thus were not subject to misinterpretation by a reasonable and prudent contractor. The jurisdiction of this court is based upon 28 U.S.C. § 1491 and the Contract Disputes Act, 41 U.S.C. §§ 601 et seq.

We grant the government’s motion for partial summary judgment because we find no ambiguity in the operative contractual provisions and, thus, plaintiff’s interpretation thereof was unreasonable.

Statement of the Facts

In July of 1982, the Department of the Navy, Naval Facilities Engineering Command (Navy) entered into a contract with Tilley Constructors & Engineers, Inc. for the construction of an oceanographic research laboratory in Bay St. Louis, Mississippi. The contract required Tilley to construct a concrete superstructure with architectural pre-cast concrete (APC) panels covering the exterior of the building. Under the terms of the contract, Tilley (the prime contractor) was to select a manufacturer (subcontractor) with at least five years of experience in pre-cast concrete manufacturing to design and construct the APC panels to be facially installed on the research laboratory.1 Contractually, the panels were to be erected on the laboratory between January and April of 1983. The contract also provided in ¶ 1.4.3 that “[t]he APC manufacturer shall be solely responsible for the design of all straps, bolts, etc. required to secure embedded weld plates in the APC” (emphasis added).2 Another critical provision in the contract, 112.1.5, provided that the anchoring devices were to be as depicted in the set of contract drawings.3

Included with the narrative portion of the contract upon which Tilley based its submitted bid was a set of graphic contract drawings. Said drawings depicted a steel plate, embedded within each APC panel, to which steel angle plates (“L” shaped) were mounted. The angle plates were used to join the APC panels to the building columns and were attached at one end by a [561]*561bolt and nut through the anchor into the steel plate of the APC panel and welded at the other end to the adjoining building column. The defendant has submitted nine (9) contract drawings that depict the “L” shaped steel angle plate connections to the APC panels, and each further depicts the angles mounted by a weld at one end and a bolt at the other end.4

In furtherance of, and consistent with, the prime contract, Tilley selected Cothran Stone Co. (Cothran) to design and manufacture the APC panels. Following thereon, Cothran, on November 11, 1982, submitted shop drawings to Tilley that depicted the steel angle plate connectors welded at both ends to the APC panels. Said shop drawings of1 Cothran, purporting to comply with II 1.4.2 of the contract as well as the contract drawings, did not call for any bolts to be used in connecting the panels to the structure. These particular drawings, otherwise referred to by the parties as “transmittal number 54,” were later forwarded by Tilley to the Department of the Navy resident officer in charge of construction (ROICC).

On or about November 30, 1982, Tilley received a letter, dated November 26, 1982, from the ROICC, apparently in response to an inquiry made by Tilley, stating:

e. Precast connections can be welded at bottom but bolting at top as detailed is desired. Shop drawings should, in any case, show connection design for review by structural engineer as required. Any proposed changes should be clearly noted and explained.

Appendix to Pltf s Complaint, p. 4 (emphasis added).

An on-site meeting of representatives of the parties took place thereafter on January 5, 1983, at which time the Navy informed Tilley that the steel angle connector plates must be joined to the APC panels by bolts at one end, although the lower end of the angle could be welded to the APC panel. The fact of this meeting and the information passed between the parties were later confirmed in a letter by the Navy to Tilley on January 14, 1983, along with the return of “transmittal number 54,” which the Navy rejected because it did not depict bolted APC panel joints as required by contract drawings. The Navy also requested that Tilley resubmit shop drawings that call for bolted joints as indicated in the contract.

Tilley followed the Navy’s rejection of “transmittal number 54” with a letter dated January 17,1983, stating that, in Tilley’s opinion, “your instructions to use bolted connections with slotted angles [was] in addition to the requirements of the specifications and details on the plans.” The letter also stated that this “addition” to the contract would cost time and money for which Tilley would expect compensation.

On January 21, 1983, Tilley resubmitted shop drawings consistent with the Navy’s demand letter of January 14, 1983, swpra, i.e., these drawings showed a bolted steel angle plate connection as the Navy had demanded. The Navy thereafter requested that Cothran, through Tilley, include design calculations for the steel angle plate joints. Tilley, while stating again that such request was a contract change and would cause additional delays for which the Navy would have to compensate it, provided the design calculations to the Navy on February 14, 1983. On April 6 of that year, as a consequence of the foregoing, the Navy gave its final approval of Tilley’s modified design of the APC panel connections.

As construction of the research lab proceeded under the terms of the contract, two additional problems, according to Tilley, surfaced: (i) the Navy directed Tilley to “change the specified shims;” and (ii) the connections between the APC panels and the roof slab did not fit together properly. Tilley has alleged that it was not allowed to follow the design of Cothran or to perform its tasks in accordance with good construction practice because of changes made to the original contract requirements by the Navy. While the Navy denied that they were changing any contract requirements, [562]*562Tilley again claimed additional damages due to the above contract changes.

Following completion, in December 1984, Tilley filed a claim for damages with the Navy’s contracting officer.

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Bluebook (online)
35 Cont. Cas. Fed. 75,567, 15 Cl. Ct. 559, 1988 U.S. Claims LEXIS 155, 1988 WL 100529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tilley-constructors-engineers-inc-v-united-states-cc-1988.