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WRIGHT CONST. CO. THROUGH REMBRANT, INC. v. U.S.

No. 90-1188.

919 F.2d 1569 (1990)

R.B. WRIGHT CONSTRUCTION CO., Through Its Subcontractor, REMBRANT, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

November 20, 1990.

Attorney(s) appearing for the Case

Pete Kulmala, Ness, Motley, Loadholt, Richardson & Poole, Barnwell, S.C., argued, for appellant.

Scott Ray, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for appellee. With him on the brief were Stuart E. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief was Anne W. Westbrook, Asst. Dist. Counsel, Dept. of the Army, Savannah, Ga., of counsel.

Before PLAGER and LOURIE, Circuit Judges, and FRIEDMAN, Senior Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The sole question in this case, here on appeal from the Armed Services Board of Contract Appeals (Board), is whether a government contract that required the contractor to apply three coats of paint contained an implied exception for previously-painted surfaces which, according to the contractor, required only two coats. The Board held that the contract was unambiguous and required three coats. We affirm.

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