Brutoco Engineering & Construction, Inc., Plaintiff-appellant, v. the United States, Defendant-appellee, 833 F.2d 1023 (Fed. Cir. 1987)

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US Court of Appeals for the Federal Circuit - 833 F.2d 1023 (Fed. Cir. 1987) Oct. 21, 1987

Before MARKEY, Chief Judge, DAVIS, Circuit Judge, and BALDWIN, Senior Circuit Judge.



The decision of the United States Claims Court (Napier, J.), Brutoco Eng'g and Constr., Inc. v. United States, 12 Cl.Ct. 104 (1987), dismissing appellant's complaint on cross-motions for summary judgment, is affirmed.


This appeal involves the interpretation of certain contract provisions regarding the proper method of payment for the resealing of existing joints in Portland cement concrete pavement along hangar aprons at the Naval Air Station in Alameda, California. Judge Napier correctly held that there were inconsistent contract provisions creating a patent ambiguity of which the contractor should have sought clarification before bidding--but did not do so. Accordingly, the Claims Court held that appellant could not rightfully expect to follow its own interpretation of the contract. Also, the Claims Court held that, in view of the inconsistent provisions, the contractor's interpretation could not have been reasonable. We affirm on the basis of the opinion of the Claims Court.