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Case Management Brief

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No. 99-159C (Filed: July 13, 2001) __________ CENTEX CONSTRUCTION COMPANY, * INC., * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant.

Summary Judgment; Contract Interpretation; FAR; Specifications and Drawings for Construction Clause; Detail in Drawing Held Part of Contract; Additional Compensation Denied

__________ Gina M. Vitiello and Seth Price, Atlanta, Georgia, for plaintiff. Erin E. Powell, Civil Division, U.S. Department of Justice, Washington, D.C., with whom was Assistant Attorney General David W. Ogden, for defendant. ___________ OPINION __________ ALLEGRA, Judge: The basic issue in this case is whether the contract in question, to construct an addition to a Veteran=s Administration medical facility, required the installation of channel bracing in stud walls with door openings. If it did not, then plaintiff is entitled to additional compensation for ultimately having to install those braces; if the contract did so provide, then plaintiff is entitled to no compensation. After careful consideration of the briefs filed and the oral argument, and for the reasons discussed below, the court concludes that the contract required the channel bracing and, therefore, GRANTS defendant=s motion for summary judgment.

I.

Statement of Facts

On or about September 30, 1993, the Department of Veterans Affairs (AVA@) entered into Contract No. V101DC0086 with Centex Construction Company, Inc. (ACentex@ or Aplaintiff@) to construct a clinical addition and Spinal Chord Injury Center (ASCI Center@) at the VA Medical Center in Dallas, Texas. Section 1.45 of this contract, entitled ASPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FAR 52.236-21) (APR 1984),@ contained a standard Federal Acquisition Regulation (FAR) clause, which provided, in pertinent part: (a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all

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