Overview
Case summary
Thomas and Driscoll, contractors, sued the United States for payments withheld and for extra work performed during the renovation of a federal building in Atlanta. The court ruled in favor of the contractors regarding the disputed marble tiling deduction and the increased costs associated with being forced to switch elevator systems. The court also reviewed 68 individual items of alleged extra work, allowing recovery for those deemed outside the original contract scope.
Abstract
Contractors sued the United States for withheld payments and compensation for extra work during a federal building renovation. The court ruled in their favor on a disputed deduction for marble tiling and increased costs from a forced elevator system switch, while allowing recovery for select items of extra work outside the original contract scope. Judgment was entered for the contractors in the amount of $5,244.62.
Procedural posture
Legal categories
Case record
Issues & holdings
de novo
The court found the specifications did not require marble tiling for those specific floors.
de novo
The contract expressly disclaimed preference for any manufacturer, and the change was forced by the architect.
de novo
The court allowed some items as extra work and disallowed others as falling within the original contract scope.
Holdings of the court
Timeline
No timeline recorded.
Facts & evidence
Incident
Key facts
4 facts- Claimants contracted to enlarge the U.S. courthouse and post-office in Atlanta for $104,500.
- Defendants withheld $912 for failure to lay marble tiling in the first and second stories, which claimants argued was not required by the contract.
- Claimants were forced to switch from a Warner elevator system to an Otis system at an increased cost of $1,150, despite contract language disclaiming preference for any specific manufacturer.
- Claimants performed 68 items of extra work valued at $7,478.85, which they argued were outside the scope of the original contract.
Authorities
No authorities recorded.