Flotation Systems, Inc. v. United States

*485 On Petition for Rehearing.

This suit involves the interpretation of a sub-contract entered into between appellant Flotation Systems, Inc., and appellee Andrew Pollia.

Flotation was awarded a contract for the installation of the gasoline storage and distribution system at the Naval Air Station located at Alameda, California. Appellant United States Fidelity and Guaranty Company wrote a bond guaranteeing the faithful performance of the contract and the payment of all claims for labor, material, etc. Flotation then made a sub-contract with Pollia for the installation of the gasoline pipe lines and water lines. The following provisions of the sub-contract supply the fuel for the dispute:

“Item 1: Complete installation of all gasoline pipe line * * * welding and testing all joints, and all connections to Pit Boxes A(l), B(1), C-2(2), D(8) and E(16) * * *.

“Item 2: Complete installation of all Cast Iron U. S. Joint Water lines * * *, connection and testing of all joints, and all connections to Pit Boxes * * *.

“Item 3: Complete installation of a 12" terra-cotta drain pipe * * *, connection of joints and all connections to Pit Boxes C-2(2) and D(8) * * *.

“Item 4: Painting of all piping installed by us inside…