Pacific Coast Builders v. Antioch Live Oak Unified School District

AGEE, J. pro tem.* Plaintiffs appeal from a judgment in favor of defendants. On February 25, 1952, the parties entered into a written contract under which plaintiffs agreed to construct six school buildings for $644,250. Defendants have withheld payment in the amounts of $930.33 for certain inspection and retest costs and $6,975 as liquidated damages for late completion of four of the buildings. The contract made provision for such liquidated damages under certain conditions. The delay in completion was caused by the redoing of certain work, hereafter described. Defendants contend that such additional work was necessary in order to comply with the contract specifications. Plaintiffs claim that this work, as originally done, did comply with the contract and that the redoing of the work was an extra, the reasonable cost of which was $15,726.77. Plaintiffs seek recovery of this amount plus the withholdings. With the exception of one minor item, involving the cost of concrete inspection, the entire dispute hinges upon whether plaintiffs were required to redo the work in question as a part of the contract.

After the concrete foundations had been poured and the wooden forms removed, the spaces between the sides of the trenches and the foundations were required to be backfilled with soil. A general section (205) of the specifications, labeled “Excavating, Filling and Backfilling,” provided for the general method and manner of backfilling, as follows: “Backfill around all foundations using clean, finely divided soil of such nature that will compact thoroughly. . . . Deposit fill in layers not exceeding 8", compacting each layer thoroughly by tamping or other approved mechanical means.” The next section (206) is labeled “Compaction of Soil Under Slabs.” This section imposes additional requirements “At all areas which are to receive concrete slabs on the ground.” The requirement involved herein is as follows: “(d) All excavated material, and bottom of excavation (undisturbed ground) shall be compacted to a relative compaction of at least 95%. ” The contract called for the laying of concrete slab floors over the entire area adjacent to the interior sides of the foundations.

Following completion of the original backfilling in this area, tests were made which showed that the required degree of compaction had not been achieved. Defendants demanded that the work be redone and plaintiffs did so under protest.

[128]The trial court found that the specifications were “plain, clear and unambiguous” in respect to compacting the soil to be replaced in the areas adjacent to the interior sides of the foundations and that section 206 (d) must be complied with in such areas. This interpretation is not only-reasonable but the only one that could be made. The purpose of having a proper density of soil upon which to lay concrete slab floors is obvious.