Opinion of the Court 113 C. Cls. and there is no conflict or inconsistency between the drawings and this addendum. Facilities for defendant's construction engineer.—The facts relevant to this claim for $5,190.30 are contained in finding 61. Plaintiff says that occupancy by defendant's construction engineer, who was in charge of the work, of certain space, first, in stage 1 area while demolition and construction work in that area was being performed, and, later, in stage 2 before plumbing work in that area had been completed, caused the plumbing subcontractor extra costs for temporary plumbing facilities and maintenance expense outside the requirements of the contract. It is claimed that the engineer had no right to occupy space in the building, especially in an area where it was necessary for plaintiff to perform work, and that even if he did, plaintiff was not required to provide plumbing facilities for him. The engineer was instructed to call upon the Postmaster and obtain from him a room in the building, since the contract provided that the building would be occupied during remodeling work. The Postmaster could not give him any of the post office space on the first or second floor, but gave him the custodian's office. The custodian moved out of the building into quarters rented by the Government. Although the Government was not required to do so under the contract, the post office did rent outside space in a nearby building and moved three divisions of the service and a number of employees thereto. The office assigned to the engineer was a part of the post office functioning under the Post Office Department. See finding 9 (2). The construction engineer requested that water facilities be maintained in his office as a part of the contractual requirements for providing temporary facilities during construction. The plaintiff was then maintaining water lines for fire protection through this area, and the lines for the engineer's office were maintained at no additional cost to the contractor. In October 1938, the contracting officer moved to an office on the fourth floor in an area designed to become the new offices for the postal inspector. This was one of the first areas scheduled for completion due to its access to the pipe galleries. 316 Opinion of the Court In view of all the circumstances, we think this claim involves one of the reasonable conditions of the work contemplated by the contract. This was a large building and the remodeling work was extensive. It was occupied by the post office and many officials and employees. The proof shows that it was necessary that the engineer have suitable space in the building, to the end that he might properly supervise the work and perform the administrative duties necessarily incident thereto. In section 3 of the specifications it was provided in paragraph 21 that "The building will be occupied during the life of the contract hereunder. The work shall be so done as to cause no interruption to the Government business. The contractor shall provide satisfactory temporary facilities to permit all business to be continued during the operations under the contract." Paragraph 23 stated that the work of remodeling the building "shall be done in three stages as indicated on the drawings." Paragraph 24 provided that "All temporary facilities shall be adequate for the purpose intended and, in general, materials and workmanship shall conform with the requirements for similar permanent work." Paragraph 26 called for the installation of toilet and water facilities in this area. The evidence does not establish that compliance with this request for facilities at that time necessitated any work out of the regular progress of the work in general, or that the request was arbitrary or unreasonable. Flashing on roof drains in court.-The facts relative to this claim for $70.65 are set out in finding 59. The work involved in this claim was for the purpose of correcting defective materials and workmanship which left a leaking roof. The plumbing contractor installed cast-iron drains with integral flanges but placed no flashing between the flanges and the roof, as required by the specifications. Plaintiff did not protest the construction engineer's direction that the leakage must be corrected and the roof made watertight at these connections; it was not ordered as an extra; and no claim therefor was made until the filing of this suit. Cleaning cornice drains between pipe gallery floor and fourth floor.-Finding 57 sets forth the pertinent facts concerning this claim for $525.40. Section 3-26 of the speci Opinion of the Court 113 C. Cls. fications required that "The contractor shall provide adequate protection for all parts of the building, and its contents and occupants wherever work under this contract is performed." The contractor, in the normal progress of the contract, was engaged in parts of the building where work was performed. The custodial employees of the post office cared for that part of the building which the post office occupied and plaintiff cleaned and maintained that portion in which it was working. Extensive work was performed in the area above mentioned where the clogged drains leaked through and damaged the walls. Plaintiff did not protest the doing of this work at the time or deny that it was required to do so under the contract. The claim has no merit. Changing pipes around hatch to pipe gallery.-The facts as to this claim for $52.53 are stated in finding 63. We find no merit in this claim. Section 45-18 of the contract provided that the plans were generally diagrammatic and that the contractor must harmonize the work of the different trades so that interferences between piping, equipment, architectural and structural work would be avoided. Had the steel in this area been erected in proper time and without delay, the details would have been available, the interference discernible, and the cost avoided. The additional expense was due to the lack of co-ordination between the trades on the part of the plaintiff and lack of progress in the erection of structural steel by its subcontractor. No order was requested or authorized as an extra for this work. Temporary facilities and drinking water.-This claim is for $262.70. As hereinbefore mentioned, the post office continued to occupy the building during remodeling, and adequate temporary facilities were required of plaintiff by the contract. The post office officers and employees had to have drinking water and plaintiff was required to furnish suitable facilities therefor. We can find no merit in this claim. See finding 56. Additional cost resulting from unreasonable denial of access to stage 2 during stage 1 work.-This claim for $2,889.15 is based on alleged unreasonable interference and delay by defendant's post office officials. This item of claim 316 Opinion of the Court has been disposed of in our decision on plaintiff's general claims for interference and delay. This claim on behalf of the plumbing subcontractor is not supported by the evidence. See findings 9 (13), 21 (iv), and 22. Additional cost of maintaining plumbing in stage 1.— This claim for $1,751.35 is based on alleged unreasonable delay by the post office in moving from stage 2 into stage 1, on or soon after June 23, 1939. The plaintiff, for itself and on behalf of its electrical and steel subcontractors, asserted similar items of alleged costs under the first claim for interference and delay, which we have denied because such claims are not supported by proof that this delay was unreasonable under all the circumstances. See findings 10 (4) and 22. While it is true, as shown in finding 10 (4), that the contracting officer, in August 1940, gave plaintiff an extension of time of 46 days based on the time used by post office in moving into stage 1 from stage 2, he was liberal in this allowance, and it is obvious that he was not passing upon the question here presented as to whether the delay was or was not unreasonable under the circumstances. If the work in stage 1 had been wholly completed at the time plaintiff claims the post office should have moved, and if other things had been normal, the delay would not have been more than 31 days. But such was not the case. As late as July 17, 1939, the defendant's engineer was urging plaintiff by letters to complete the work in stage 1 by correcting defects, etc. The contracting officer did what he could to get stage 1 in shape for the move. He did not feel at the time that the work in stage 1 was sufficiently completed to warrant him in giving notice to the Postmaster General that the move could be made until July 14, knowing that it would be several days before formal authority to move would reach the Grand Central Annex postmaster. Such notice was received by the postmaster of the Grand Central Annex Station on July 25, 1939, and the move was commenced the next day and completed on August 14. We have considered that under the most favorable circumstances there was a delay of not more than 31 days (see finding 20 (4)) which, we think, should be attributed to the circumstances under which plaintiff's work had to be performed and to the normal ac Opinion of the Court 113 C. Cls. tivities and business of the post office carried on, rather than to the fault of either party. Therefore, plaintiff is not entitled to recover on this item of the claim. Setting toilet fixtures out of regular order.-The facts relating to this claim for $315.29 are set forth in finding 60. Plaintiff claims that because toilet room No. 1 was in stage 2 and the post office had moved into completed stage 1, its plumbing subcontractor should not have been required to temporarily set and connect these water and toilet facilities for use of the post office employees until all other work, such as plastering and setting tile, had been completed and the terrazzo floor finished. The post office officials and the construction engineer found that this work was necessary at the time required, in October 1939, to provide adequate toilet facilities for the regular postal employees and those that would have to be added to handle the increased business during the Christmas period. Without the installation of these facilities, no temporary facilities were available, as provided in the contract. The work was performed in order to provide temporary facilities in lieu of permanent facilities, and we think it was properly requested as a contractual requirement. Removal of a 4-inch water main and meter.-The essential facts with reference to this claim for $733 are set forth in finding 65. This claim is similar to the claim covered by finding 64, and discussed hereinbefore, involving the removal of pipe lines under the ground floor, and the specifications and drawings there discussed are applicable here. Plaintiff says this work was not one of the job conditions and was not required by the specifications and drawings. We cannot agree. The work required by the contract could not have been satisfactorily completed without the removal of this pipe and meter since they would have been left exposed four inches above the elevation of the new first floor. We think that completion of the work in accordance with the contract required performance of this work. We are of the opinion that such work was within the fair and reasonable scope of the plans and specifications, as held by the contracting officer. |