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Walter-Thosti-Boswau AG v. Stone

Decided: September 3, 1993.

WALTER-THOSTI-BOSWAU AG, APPELLANT,
v.
MICHAEL P.W. STONE, SECRETARY OF THE ARMY, APPELLEE.



Before Archer, Circuit Judge, Cowen, Senior Circuit Judge, and Michel, Circuit Judge. Cowen, Senior Circuit Judge, concurs in the result.

Archer

ARCHER, Circuit Judge.

Walter-Thosti-Boswau AG (WTB) appeals from the decision by the Armed Services Board of Contract Appeals (board), Walter-Thosti-Boswau AG v. Secretary of the Army, ASBCA No. 37973, 92-2 B.C.A. (CCH) P 24,841 (1992), in which the board upheld the contracting officer's (CO) decision denying WTB's claim for an equitable adjustment. We affirm.

I.

A. The United States Army Corps of Engineers (Army) and WTB entered into a firm, fixed price, lump-sum contract on September 19, 1987 for the renovation of military housing in Erlangen, Germany. Upon completion of the contract, WTB filed with the contracting officer a claim for an equitable adjustment in the amount of DM 469,050 (approximately $317,269 in United States currency). WTB's claim for an equitable adjustment was based on the fact that the Army required WTB to install impregnated (moisture-proof) gypsum board panels on the ceilings of all rooms in the renovated apartments. WTB maintains, under a correct construction of the terms of the contract, it was required to install the ceiling panels only in "wet rooms," i.e., bathrooms. The contracting officer denied the claim and on appeal his decision was upheld by the board.

The contract between the Army and WTB was executed on Standard Form 1442 and is divided into sections as follows:

Composition of Solicitation/Award:

1. Part I Schedule . . .

Part II Instructions, Conditions and Notices . . .

Part III Special Contract Requirements . . .

Part IV Contract Clauses . . .

2. Specifications and Drawings . . .

Section 2 contains a "Preface to Specifications" describing the work to be done under the contract. Paragraph 3.1.5 headed "Complete Bathroom Renovation" ...


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