Shields Co. v. Collins Electrical Co.

KAUFMAN, J. This is an appeal from a judgment in the sum of $4,225.79 rendered by the Superior Court in and for the County of Marin in favor of respondent Shields Company, Inc., and against Collins Electrical Company, Inc., a corporation. Both companies were subcontractors under a prime contract which had been awarded to the Del E. Webb Construction Company to construct an aircraft shop building at Travis Air Force Base near Fairfield-Suisun, California.

On August 18, 1952, respondent was awarded a subcontract in the amount of $197,834.02 to do certain mechanical work as set forth in detail in the contract which also included by reference certain enumerated sections of the specifications. Respondent was engaged in the general plumbing, heating and sheet metal contracting business in San Rafael, California.

Appellant, a general electrical contractor with its principal place of business in Stockton, California, on August 22, 1952, was awarded a subcontract to do the general electrical work on a form similar to that used for respondent, in which the work was described as “all electrical work, interior, and electrical distribution system, aerial complete, installed according to plans, specifications, and addenda ...” “This work includes without limitation all General and Special conditions of the Specifications, and section 31, 32 and 41 . . . motors, [384]motor controls, switchboards ...” The contract price was $68,850.54.

In the subcontract of respondent there was the phrase “electrical work as required under mechanical work” set forth in a series of items to be furnished by respondent, such as “steel racks, blow-off tank, bilge set, boiler room trenches and iron work, heating units, gauges,” etc.

A controversy arose during the course of construction between the superintendents of the two subcontractors as to which company was to supply certain items of electrical equipment—namely, starters, a generator set, rheostat, and a control panel. Sehwall, superintendent for Collins, refused to supply them, and the work was being held up. Sehwall took up the matter with the superintendent of Del Webb, the prime contractor, who told Wilcox, respondent’s superintendent, that it was Shields’ duty to supply the items, that if Wilcox did not do something about it its payment would be withheld. Respondent then furnished the items which were installed by appellant. When Wilcox delivered this equipment he insisted that Sehwall give him a purchase order for it, which he refused to do. Wilcox then prepared a receipt which Sehwall signed, dated September 24, 1953, and reading as follows: “We have received various starters also control panels and accessories for spray booths and air compressor on Aircraft Shops at Travis A.P.B. pending further classification of the specs.” Some additional material was delivered on October 20, 1953, receipt of which was acknowledged by Collins.