Argo Construction Co. v. County of Los Angeles

On May 19, 1965, the Argo Construction Co., Inc., (“Argo”) made a contract with the County of Los Angeles under which it was to construct a certain building. Partitions were to be in accordance with certain specifications which were incorporated into the contract by reference. An addendum to the contract provided as follows: “ ‘ (1) Weber Showcase and Fixture Co., Inc. “Consept” [sic] partitions are used as a standard of construction and quality. Minor variations in construction and dimensions are permissible. Partitions by B. F. Hauserman or Mills will also be acceptr able, upon approval of shop drawings. ’ ”

During the construction Argo submitted as allegedly complying with the contract certain partitions designated as: ‘■‘Virginia Metal Products Mobilwall Jr.” Data submitted by Argo showed that the substitute partitions varied from the specifications in certain particulars. The county did not permit the installation of the Virginia partitions. Under protest Argo then installed the Hauserman partitions referred to in the addendum.

Paragraph 19 of the contract between Argo and the county provides that in the event the parties “are unable to agree with respect to any factual…