GEN. RY. SIGNAL v. WASH. METRO. AREA TRANS. AUTH., Civ. A. No. 77-657.
| Court | United States District Courts. United States District Court (Columbia) |
| Writing for the Court | Stephen Kurzman, Nixon, Hargrave, Devans & Doyle, Washington, D. C., for plaintiff |
| Citation | 527 F. Supp. 359 |
| Parties | GENERAL RAILWAY SIGNAL COMPANY, Plaintiff, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant. |
| Docket Number | Civ. A. No. 77-657. |
| Decision Date | 13 November 1979 |
527 F. Supp. 359
GENERAL RAILWAY SIGNAL COMPANY, Plaintiff,
v.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant.
Civ. A. No. 77-657.
United States District Court, District of Columbia.
November 13, 1979.
Stephen Kurzman, Nixon, Hargrave, Devans & Doyle, Washington, D. C., for plaintiff.
Lewis J. Baker, Asst. Atty. Gen., Leonard Petkoff, Washington, D. C., for defendant.
JOHN LEWIS SMITH, Jr., District Judge.
OPINION
Plaintiff, General Railway Signal Company (GRS), brings this action to set aside the
527 F. Supp. 360
administrative determination of defendant, Washington Metropolitan Area Transit Authority (WMATA), that the Contracting Officer had not taken an unreasonable amount of time in processing GRS's two claims for extra work required by changes that WMATA ordered in its original contract. GRS filed its first request for payment of the double break circuitry claim on August 14, 1972, and completed the double break circuitry work in August of 1973. It filed its first request for payment of the call-on circuitry claim on July 14, 1972, and completed this work in December of 1973. The Corps of Engineers Board of Contract Appeals (Board) upheld these claims on August 30, 1976 and WMATA paid GRS on January 17, 1977. By Order of August 5, 1977, subsequently modified on March 28, 1978, this Court directed WMATA to pay plaintiff interest on the amount of the claims if upon remand to WMATA the claims processing period was found unreasonably lengthy. GRS demands interest from August 20 and December 13, 1973 to January 17, 1977, the first dates after the completion of each project on which GRS requested payment from WMATA, in the amount of $31,888.56, plus interest on that amount from January 17, 1977, to present
Upon remand, WMATA's General Manager forwarded this matter to the Appeals Board for hearing and advisory opinion. The Board held an adversary hearing, took evidence, and considered briefs from both parties. The unanimous view of the Board was that
the time taken for consideration of the claim at the Resident Engineer and Contracting Officer level, while not unusual, especially in view of appellant's lack of assertive action pressing for an early decision, was much too long when all of the circumstances are considered. For that reason the question posed by the District Court must be answered in the affirmative. There was too much delay in processing the claims from which the appeals arose. General Railway Signal Co., Eng BCA 3560, 3638, 79-1 BCA ¶ 13,622. (Opinion of Administrative Judge Jellico).
Although the General Manager adopted the Board's findings of fact, he nevertheless decided that the Board's conclusion was...
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District of Columbia v. Pierce Assoc., No. 86-375.
...See Donovan v. Carlough, 581 F. Supp. 271, 273 (1984), aff'd 243 U.S. App. D.C. 384, 753 F.2d 166 (1985); General Ry. Signal v. WMATA, 527 F. Supp. 359, 361 (1979), aff'd, 214 U.S. App. D.C. 170, 664 F.2d 296 (1980), cert. denied, 452 U.S. 915, 101 S.Ct. 3049, 69 L.Ed.2d 418 (1981). In this......
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EXCAVATION CONST. v. Wash. Metro. Area Transit Auth., Civ. A. No. 83-1125.
...68, 69 n.1 (4th Cir.1981); WMATA v. Ragonese, 624 F. Supp. 586 617 F.2d 828, 829 (D.C.Cir.1980); General Railway Signal Co. v. WMATA, 527 F.Supp. 359, 360 (D.D.C.1979) aff'd, 664 F.2d 296 (D.C.Cir.1980), cert. denied, 452 U.S. 915, 101 S.Ct. 3049, 69 L.Ed.2d 418 (1981); Metro Track Construc......
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Granite-Groves v. Washington Metropolitan Area Transit Authority, GRANITE-GROVES
...the payment of interest. We agree with the district court that under General Ry. Signal Co. v. Washington Metrop. Area Transit Auth., 527 F.Supp. 359 (D.D.C.1979), aff'd, 664 F.2d 296 (D.C.Cir.1980), cert. denied, 452 U.S. 915, 101 S.Ct. 3049, 69 L.Ed.2d 418 (1981), a contractor who has bee......
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Expressway Const. v. WASH. METRO. A. TRANSIT AUTH., Civ. A. No. 87-2388.
...number of courts in this jurisdiction have utilized the Wunderlich principles as guidance. See General Railway Signal Company v. WMATA, 527 F.Supp. 359, 360 (D.D.C.), aff'd, 664 F.2d 296 (D.C.Cir.1980), cert. denied, 452 U.S. 915, 101 S.Ct. 3049, 69 L.Ed.2d 418 (1981); Granite-Groves v. WMA......
4 cases
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District of Columbia v. Pierce Assoc., No. 86-375.
...See Donovan v. Carlough, 581 F. Supp. 271, 273 (1984), aff'd 243 U.S. App. D.C. 384, 753 F.2d 166 (1985); General Ry. Signal v. WMATA, 527 F. Supp. 359, 361 (1979), aff'd, 214 U.S. App. D.C. 170, 664 F.2d 296 (1980), cert. denied, 452 U.S. 915, 101 S.Ct. 3049, 69 L.Ed.2d 418 (1981). In this......
-
EXCAVATION CONST. v. Wash. Metro. Area Transit Auth., Civ. A. No. 83-1125.
...68, 69 n.1 (4th Cir.1981); WMATA v. Ragonese, 624 F. Supp. 586 617 F.2d 828, 829 (D.C.Cir.1980); General Railway Signal Co. v. WMATA, 527 F.Supp. 359, 360 (D.D.C.1979) aff'd, 664 F.2d 296 (D.C.Cir.1980), cert. denied, 452 U.S. 915, 101 S.Ct. 3049, 69 L.Ed.2d 418 (1981); Metro Track Construc......
-
Granite-Groves v. Washington Metropolitan Area Transit Authority, GRANITE-GROVES
...the payment of interest. We agree with the district court that under General Ry. Signal Co. v. Washington Metrop. Area Transit Auth., 527 F.Supp. 359 (D.D.C.1979), aff'd, 664 F.2d 296 (D.C.Cir.1980), cert. denied, 452 U.S. 915, 101 S.Ct. 3049, 69 L.Ed.2d 418 (1981), a contractor who has bee......
-
Expressway Const. v. WASH. METRO. A. TRANSIT AUTH., Civ. A. No. 87-2388.
...number of courts in this jurisdiction have utilized the Wunderlich principles as guidance. See General Railway Signal Company v. WMATA, 527 F.Supp. 359, 360 (D.D.C.), aff'd, 664 F.2d 296 (D.C.Cir.1980), cert. denied, 452 U.S. 915, 101 S.Ct. 3049, 69 L.Ed.2d 418 (1981); Granite-Groves v. WMA......