DocketNumber: No. 42820
Citation Numbers: 87 Ct. Cl. 205
Judges: Booth, Ghief, Green, Littleton, Udge, Whaley, Williams
Filed Date: 5/2/1938
Status: Precedential
Modified Date: 11/23/2022
delivered the opinion of the court:
The plaintiffs, Harry S. Coombs and Alonzo J. Harriman, are architects operating as a partnership. In August 1930 they entered into a contract with the defendant to furnish plans and specifications for the construction of a hospital building at the National Home for Disabled Volunteer Soldiers, Togus, Maine. The contract was not formally reduced
The defendant, on'April 21, 1932, entered into contracts for the construction of the building at a cost of $491,588.00. Plaintiffs demanded payment of $12,289.70, being 214% of the contract price. In response to this demand, the defendant wrote' plaintiffs, enclosing a voucher in the amount of $12,289.70, which plaintiffs were requested to certify and return immediately to the defendant for payment. Plaintiffs promptly certified the voucher and returned it to the defendant, but no part of the sum of $12,289.70 certified in the voucher has been paid to plaintiffs, with the result that plaintiffs have received no compensation whatever for the services performed by them under the contract.
COUNTERCLAIM
The defendant has filed a counterclaim in the sum of $68,360.27. In the counterclaim the defendant admits the contract between the plaintiffs and the defendant for the preparation of plans and specifications for the erection of a hospital building at Togus, Maine, for which plaintiffs were to receive 2%% of the cost of construction of the hospital. The defendant, however, contends that the contract required of plaintiffs services other than the mere preparation of plans and specifications for the building. It is alleged that the contract as entered into required that plaintiffs should perform all work necessary for the preparation of a complete set of plans and specifications for the building, and that a survey and study of the area be made by plaintiffs in order to determine a suitable location for the
At the time the construction of the hospital building at the National Home for Disabled Volunteer Soldiers located at Togus, Maine, was authorized by Congress, the home was under the supervision of a Board of Managers. By an Act of Congress of July 3,1930 (46 Stat. 1016) known as the Williamson Act, and by executive order of the President of July 21,1930, the duties, powers and functions of the Home were transferred to the Veterans’ Administration. In the early
I am writing this letter to confirm my verbal agreement with the Board of Managers, National Home for Disabled Volunteer Soldiers, for the architectural services which will be required for the new Hospital Unit to be erected at the National Soldiers’ Home, Togus, Maine. This letter, together with your written approval, will constitute the Contract.
* * # * *
The Architect agrees to perform for the above named work, professional services as hereinafter set forth.
The Owner agrees to pay the Architect for such services a fee of four (4) percent, of the total cost of the work, including General Construction, Heating, Plumbing, Electrical Work and all authorized extras in connection with same.
The Architect’s professional services consist of the necessary conferences, the preparation of preliminary studies, working drawings and specifications for General Construction, Heating, Plumbing and Electrical Work, large scale and full size detail drawings; the drafting of forms of proposals and contracts; the issuance of certificates of payment; the keeping of accounts; the general administration of the business; supervision of the work; and any and all other services which may be reasonably expected of an Architect as may be necessary for the completion of the building.
Of course, you must appreciate that the passage of the Williamson Bill, consolidating all Veteran activities, has materially changed the situation as far as the Home is concerned. We practically are out of the picture. However I felt that there were certain equities due you and in conference with General Hines, the new Administrator, the first of the week, strongly urged your claims. I acknowledged to him that the arrangement with you was a gentleman’s agreement, dependent upon appropriation, and that the agreement had been made by the Board ox Managers at the time they had a right to make such an agreement and therefore had a certain moral force.
He finally agreed that if you would prepare plans and specifications for 2%%, as per the agreement I received the first of the week [doubtless Mr. Coombs’ letter of July 25, 1930], that he would, let that part of it stand and that you could proceed to do it, but insisted that construction and supervision must proceed under his own construction division.
* * * If you determine that you will go ahead and prepare the plans and specifications at 2%%> wire me immediately and I will send Hayden up to go into the details with you as we agreed in June.
The plaintiffs, in reply to this letter, telegraphed General Wood on August 6, 1930: “Will prepare plans and specifications for 2%% as per agreement of July 25, 1930.”
The plaintiffs’ letter of July 25, 1930, together with the letter of the president of the Board of August 1, 1930, and the plaintiffs’ telegram of August 6, 1930, constitute the contract in the case. In the letter of July 25,1930, plaintiffs set forth in explicit terms their understanding of the architectural services required of them under the oral agreement previously entered into, which consisted of the “necessary conferences, the preparation of preliminary studies, working drawings and specifications for General Construction, Heating, Plumbing and Electrical Work, large scale and full size detail drawings; the drafting of forms of proposals and contracts; the issuance of certificates of payment; the keep
The Board in its letter of August 1, 1930, did not question in any way the accuracy of plaintiffs’ statements of the architectural services required of them in their oral agreement, as set forth in their letter of July 25, 1930. In fact the Board’s letter fairly construed, constitutes an acquiescence in the terms of the agreement as stated [by plaintiffs. What the Board in effect said in its letter was that the terms of the agreement were correctly stated by plaintiffs, but that because of changed conditions brought about by the passage of the Williamson Act consolidating Veterans activities, the Board of Managers had been relieved of all duties in connection with the construction of the proposed hospital building and had been superseded in those duties by General Hines of the Veterans’ Administration. Plaintiffs were then informed that General Hines, at a conference with the President of the Board, had agreed that if plaintiffs would prepare plans and specifications for 2yz% as per agreement (the word “agreement” as here used undoubtedly has reference to plaintiffs’ letter of July 25, 1930) he would allow that part of it to stand, and that they could proceed to do it, but that construction and supervision must proceed under General Hines’ own construction division.
The counterclaim has not been sustained and will therefore be dismissed. Judgment will be awarded plaintiffs in the sum of $12,289.70. It is so ordered.