Western Empire Constructors, Inc. v. United States

36 Cont. Cas. Fed. 75,878, 20 Cl. Ct. 668, 1990 U.S. Claims LEXIS 223, 1990 WL 79888
CourtUnited States Court of Claims
DecidedJune 13, 1990
DocketNo. 789-86 C
StatusPublished
Cited by5 cases

This text of 36 Cont. Cas. Fed. 75,878 (Western Empire Constructors, 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
Western Empire Constructors, Inc. v. United States, 36 Cont. Cas. Fed. 75,878, 20 Cl. Ct. 668, 1990 U.S. Claims LEXIS 223, 1990 WL 79888 (cc 1990).

Opinion

OPINION

RADER, Judge.

This action arises under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (1988). Western Empire Constructors, Inc. (plaintiff) seeks payment for lowering light switch boxes in a Veterans Administration (VA) hospital. Plaintiff contends that its renovation contract at the hospital did not include lowering the switch boxes. Plaintiff therefore claims entitlement to additional compensation beyond the contract price. Defendant contends that the contract required plaintiff to lower the existing switch boxes.

Both parties have moved for summary judgment. After oral argument, this court grants defendant’s motion for summary judgment.

FACTS

On December 22, 1982, plaintiff entered a fixed-price contract with the VA. The contract required plaintiff to construct a new clinical support wing and to remodel another wing of the VA Medical Center in Denver, Colorado. The contract price was $34,056,000.00.

Before bidding, plaintiff visited the VA hospital. This visit provided plaintiff an opportunity to inspect the position of existing switch boxes in the wing to be remo-delled.

The contract included drawings and specifications depicting work on the light switches and switch boxes. Among other things, the project converted the electrical works in the remodelled wing to a higher voltage. Therefore, the contract required plaintiff to remove all existing wall switches in the remodelled areas and replace them with new 120/277 volt switches. The contract also required plaintiff to relocate all existing switch boxes as required by the contract drawings.

The drawings showed the required location of each new switch box by the symbol [670]*670“S.” From the drawings, plaintiff knew exactly where to install each new box during remodelling. The contract legend placed each “S” at 40" above the finished floor.1 The contract also indicated that the contractor was to remove, cut, alter, replace, patch, and repair existing work as necessary to install new work. Contract No. V101C-1102, Defendant’s Motion to Dismiss or, in the Alternative, Motion for Summary Judgment, filed Oct. 26, 1988 (Contract, Def.Br.), Appendix (App.) at 8. The drawings did not show the location of existing switch boxes. From the drawings alone, plaintiff could not determine the location of switch boxes prior to remodelling.

On June 10, 1983, after entering the contract, the contractor requested additional information from the VA about the mounting height of the existing switches in retained walls. The VA responded that the contract drawings required mounting all switches 40" above the finished floor, except for a 48" requirement in the dental suite. On July 14, 1983, plaintiff again inquired about the mounting heights. The VA clarified that the switches could remain at the existing height (44", 48", or 52") only in a few areas. Forty inches remained the standard elsewhere. In all, 1,262 switch boxes in the remodelled area needed lowering to comply with that standard. VA’s Resident Engineer, Mr. Jim Price, granted plaintiff’s request to lower the switches with a short piece of flexible metal conduit.

A dispute arose between plaintiff and the VA over payment for this work. Plaintiff insisted that the contract did not require dropping these switches to 40". Plaintiff argued that, because the “S” symbols on the drawings were at approximately the same location as the existing switches, it had assumed that the “S” symbols were in fact referring to the existing switches. Plaintiff further contended that it had assumed, absent any indication in the contract to the contrary, that these switches were already at the required height of 40".

Nonetheless, the VA directed plaintiff to lower the existing switches to 40". Plaintiff complied. On October 5, 1983, the contractor submitted to the VA a claim for an increase of $183,580.00 for lowering the switches. The VA resident engineer rejected this claim. On October 23, 1985, plaintiff submitted to the VA’s contracting officer, pursuant to 41 U.S.C. § 605(a) (1988), a certified claim for $217,640.00 and a seventy-five day extension as an equitable adjustment of the contract. Plaintiff’s Project Manager, Mr. Tod Hannemann, signed and certified the claim as required by 41 U.S.C. § 605(c)(1) (1988).

On December 17, 1985, the contracting officer denied the claim. The contracting officer concluded that the contract drawings informed plaintiff of the requirement to relocate the existing switch boxes. Following this refusal, the subcontractors hired by plaintiff to install the switches revised their cost figures. The adjusted price came to $636,715.00. Plaintiff subsequently adjusted this figure downward to $482,260.88, which is the subject of this dispute.

Plaintiff instituted this action in the United States Claims Court seeking compensation for work in excess of contract requirements. Both parties have moved for summary judgment. This court must first decide whether plaintiff properly certified this claim. If plaintiff meets this jurisdictional requirement, the court must then decide whether the contract bound plaintiff to lower all existing switches in retained walls to 40".

[671]*671DISCUSSION

Jurisdiction

Defendant argues that, because plaintiff did not properly certify its claim to the contracting officer before bringing this action, this court lacks jurisdiction to hear the claim. The Contracts Disputes Act requires that:

For claims of more than $50,000, the contractor shall certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of his knowledge and belief, and that the amount requested accurately reflects the contract adjustment for which the contractor believes the government is liable.

41 U.S.C. § 605(c)(1) (1988). Before this court has jurisdiction, the contractor must (1) submit a written and properly certified claim to the contracting officer, and (2) obtain a final decision by the contracting officer. Milmark Seros., Inc. v. United States, 231 Ct.Cl. 954, 956 (1982), affd, 731 F.2d 855 (Fed.Cir.1984).

Defendant’s only complaint is that plaintiff failed to satisfy these requirements because Mr. Tod Hannemann, the signatory of plaintiff’s certification, was merely the project manager at the time. Defendant contends that the person signing the certification must be either an equity owner, director, or officer to qualify as “contractor” under the terms of 41 U.S.C. § 605(c)(1). See, e.g., W.H. Moseley Co. v. United States, 230 Ct.Cl. 405, 677 F.2d 850 (1982).

In the contract, the Disputes clause states:

For contractor claims of more than $50,-000,

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

Related

PCL Construction Services, Inc. v. United States
47 Fed. Cl. 745 (Federal Claims, 2000)
Giesler v. United States
44 Fed. Cl. 737 (Federal Claims, 1999)
KDH Corp. v. United States
37 Cont. Cas. Fed. 76,087 (Court of Claims, 1991)
The United States v. Grumman Aerospace Corporation
927 F.2d 575 (Federal Circuit, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
36 Cont. Cas. Fed. 75,878, 20 Cl. Ct. 668, 1990 U.S. Claims LEXIS 223, 1990 WL 79888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-empire-constructors-inc-v-united-states-cc-1990.